Bridgestone Firestone, Inc. v. Superior Court

In Bridgestone Firestone, Inc. v. Superior Court (1992) 7 Cal.App.4th 1384, the court applied Evidence Code section 1060 in the context of civil discovery. The court held that it would be error to order disclosure of a trade secret simply because such information would be discoverable under the general standard for discovery of matter that " 'appears reasonably calculated to lead to the discovery of admissible evidence.' " (Bridgestone/Firestone, Inc. v. Superior Court, supra, at p. 1390; see also Code Civ. Proc., 2017.010.) As the court explained, that standard applies only to matters that are not privileged. (Bridgestone/Firestone, Inc. v. Superior Court, supra, at pp. 1390-1391.) Because Evidence Code section 1060 creates a privilege for trade secrets, use of a heightened standard is necessary before disclosure of documents containing trade secrets will be compelled. (Bridgestone/Firestone, Inc. v. Superior Court, supra, at p. 1393.) Under this heightened standard, the party seeking discovery "must make a prima facie, particularized showing that the information sought is relevant and necessary to the proof of, or defense against, a material element of one or more causes of action presented in the case, and that it is reasonable to conclude that the information sought is essential to a fair resolution of the lawsuit." (Bridgestone/Firestone, Inc. v. Superior Court, supra, 7 Cal.App.4th at p. 1393.) The standard set forth by Code of Civil Procedure section 2017.010 applies to matters that are not privileged. (Bridgestone, supra, at pp. 1390-1391.) Code of Civil Procedure section 2017.010 provides, in pertinent part: "Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Code Civ. Proc., 2017.010.) Evidence Code section 1060 requires the court to apply a heightened standard before compelling the disclosure of documents containing trade secrets. (Bridgestone, supra, 7 Cal.App.4th at p. 1393.) Under this standard, the party claiming the privilege must first establish the information sought is privileged. (Ibid.) If it does, then the "party seeking discovery must make a prima facie, particularized showing that the information sought is relevant and necessary to the proof of, or defense against, a material element of one or more causes of action presented in the case, and that it is reasonable to conclude that the information sought is essential to a fair resolution of the lawsuit." (Ibid.) If that showing is made, the burden shifts to "the holder of the privilege to demonstrate any claimed disadvantages of a protective order." (Ibid.)