Case Number:?BC623786????Hearing Date:?February 06, 2018????Dept:?SEC
ESPINOZA v. SUPER CENTER CONCEPTS, INC.
CASE NO.:??BC623786
HEARING:??02/06/18
JUDGE:???????LORI ANN FOURNIER
#10
TENTATIVE ORDER
Plaintiff JOSE ESPINOZA?s motion for reconsideration is?GRANTED.?CCP ?1008.
Moving Party to Give Notice.
Plaintiff seeks an order granting reconsideration of this Court?s Order on Defendant?s Motion to Enforce Protective Order. He argues that there are new facts to support his claim that the documents at issue do not constitute confidential proprietary information.
Plaintiff argues that Defendant produced the ?confidential? information in a separate and unrelated litigation, and that Defendant produced such documents without objection. The Court has reviewed its September 29, 2017 Order in light of the arguments raised in the subject briefs and has revised the Order as follows:
- Defendant/Cross-Complainant?s SUPER CENTER CONCEPTS, INC.?s motion to enforce stipulated protective order is?DENIED.
At the hearing, Defendant argued that the documents at issue contained confidential proprietary information that was not publicly available. However, Defendant has since produced the same documents to Plaintiff?s counsel in a separate and unrelated litigation, thereby waiving claims of confidentiality. The Court finds that, Defendant has ?made no factual showing that (1) the documents that it [produced] contained confidential commercial information or information in which it had any protectable interest or (2) dissemination of the documents to the public would result in injury.? (Nativi v. Deutsche Bank National Trust Co. (2014) 223 Cal.App.4th 261, 318.)??Defendant has not made a showing of good cause with respect to confidentiality of the documents at issue, and if any privacy exists, it appears as though the public interest may be best served by permitting the information to be disseminated based upon the evidence submitted to the Court at this time. The Court?s tentative is to grant Plaintiff?s motion for reconsideration.
Defendant?s Evidentiary Objections:
- Overruled.
- Sustained.
- Overruled.
- Overruled.
- Sustained.
- Sustained.