Defendants American Hearing Air Center of the South Bay, Inc. and John Dandurand bring this motion, seeking an order compelling non-party TJ Maxx to produce employment records pertaining to Plaintiff Kirsten Lopez. Defendants also seek monetary sanctions against TJ Maxx. Employment records are within the scope of the privacy protection provided by the state and federal Constitutions. See Harding Lawson Associates v. Superior Court (1992) 10 Cal.App.4th 7, 9-10; Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 530. This privacy interest is recognized by CCP §1985.6, which requires advance warning and a specific warning to employees when employment records are sought by subpoena.
"The right to privacy, however, is not absolute. In appropriate circumstances, this right must be balanced against other important interests. (Hill v. National Collegiate Athletic Assn., supra, 7 Cal.4th at p. 37, 26 Cal.Rptr.2d 834, 865 P.2d 633.) 'On occasion [a party's] privacy interests may ha
Hearing Date
December 17, 2020
Category
Civil - Unlimited
Type
Wrongful Termination
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Defendants American Hearing Air Center of the South Bay, Inc. and John Dandurand bring this motion, seeking an order compelling non-party TJ Maxx to produce employment records pertaining to Plaintiff Kirsten Lopez. Defendants also seek monetary sanctions against TJ Maxx. Employment records are within the scope of the privacy protection provided by the state and federal Constitutions. See Harding Lawson Associates v. Superior Court (1992) 10 Cal.App.4th 7, 9-10; Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 530. This privacy interest is recognized by CCP §1985.6, which requires advance warning and a specific warning to employees when employment records are sought by subpoena.
"The right to privacy, however, is not absolute. In appropriate circumstances, this right must be balanced against other important interests. (Hill v. National Collegiate Athletic Assn., supra, 7 Cal.4th at p. 37, 26 Cal.Rptr.2d 834, 865 P.2d 633.) 'On occasion [a party's] privacy interests may ha