Judge: Michael Shultz, Case: 19STCV17793, Date: 2023-03-28 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

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Case Number: 19STCV17793    Hearing Date: March 28, 2023    Dept: A

19STCV17793 Josefa Uriostegui v. American Iron & Metal, et al.

Tuesday, March 28, 2023 at 8:30 a.m.

 

[TENTATIVE] ORDER DENYING MOTION FOR PROTECTIVE ORDER BY DEFENDANTS

 

I.            BACKGROUND

              The First Amended Complaint (“FAC”) filed on August 17, 2019, alleges that from 1988 through 2017, while in the course of Plaintiff’s employment with Elite Optical Company (“Elite”) as a lab technician, Plaintiff was exposed to toxic chemicals made and/or supplied by Defendants. Plaintiff alleges she sustained serious injuries to her internal organs and other related and consequential injuries including the amputation of her finger as a result of the exposure. The FAC alleges claims for (1) negligence, (2) strict liability for warning defect, (3) strict liability for design defect, (4) fraudulent concealment, and (5) breach of implied warranties.

II.            ARGUMENTS

              Defendants, Satisloh North America, Inc. (“Satisloh”); OptiSource International, Inc. (“OptiSource”), and Essilor of America, Inc. (“Essilor”) (collectively “Defendants”) request a protective order precluding disclosure of Defendants’ tax records for December 31, 2001, and December 31, 2017, absent a protective order and appropriate redactions.

              Plaintiff argues that the tax records are relevant to Defendants’ defense that they employed Plaintiffs, and therefore, her claims are precluded by the exclusivity provision of the Worker's Compensation Act. The terms of the proposed protective order are unnecessarily burdensome.

              In reply, Defendants contend that even if the evidence is dispositive to a claim or defense, Defendants are still entitled to protect their privacy interests.

III.            DISCUSSION

              Where an inspection of documents is demanded, the responding party or any other party affect may promptly move for a protective order. (Code Civ. Proc., § 2031.060(a)). The motion shall be accompanied by a declaration stating facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Id.)

              If good cause is shown, the court may make any order that justice requires to “protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.”(Id.) The protective order may preclude the disclosure of certain documents or items of documents or that a “trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified persons or only in a specified way.” (Id.)

    IV.            DISCUSSION

              Defendants cite Roberts v. Gulf Oil Corp. (1983) 147 Cal.App.3d 770, which held that corporations do not enjoy a fundamental right of privacy under the California constitution, but do retain a "retain a general right to privacy under the United States Constitution via some combination of the Fourth Amendment.” (Roberts v. Gulf Oil Corp. (1983) 147 Cal.App.3d 770, 795). Corporations enjoy a “lesser right to privacy than human beings.”

              Tax returns are privileged from forced disclosure in civil proceedings unless the privilege is waived. (Schnabel v. Superior Court (1993) 5 Cal.4th 704, 719). Additionally, the privilege is not absolute, "but may yield in the furtherance of compelling state interests.’  (People v. Wharton (1991) 53 Cal.3d 522, 563.) ‘[C]ourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery.’ (Vinson v. Superior Court (1987) 43 Cal.3d 833, 842.)’” (SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 754–755). The Court must consider the purpose of the information sought, the effect that disclosure will have on the affected persons and parties, the nature of the objections urged by the party resisting disclosure, and whether there are less intrusive means for obtaining the requested information. (SCC at 755).

              Defendants collectively asserted the same affirmative defense, namely that Plaintiff’s remedies are exclusively the Worker's Compensation Act. (Essilor’s Ans., ¶ 15; Satisloh’s and Optisource’s Ans., ¶ 15).  Defendants concede the documents’ relevance which will “support the corporate relationship amongst these entities, [and] which go to one of the affirmative defenses asserted on behalf of the Essilor defendants, specifically worker’s compensation exclusivity.” (Motion 13:17-21). In other words, Defendants intend to rely on these documents at trial, but will not produce them without a protective order. Defendants’ have not established why Plaintiff is required to sign a protective order in order to protect Defendants from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense” if Defendants intend to rely on the same documents in any event.

              Defendants have also not shown why any redactions of these documents are required to protect Defendants nor have Defendants addressed what they propose to redact based on their unilateral determination that the information is not relevant.

 

V.            CONCLUSION

              Defendants have not met their burden of establishing that the Court should require Plaintiff to sign a protective order or to permit undisclosed redactions. Therefore, the motion is DENIED.