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California designation of trade secrets under Code of Civil Procedure section 2019.0210

A California designation of trade secrets under Code of Civil Procedure Section 2019.210 is the topic of this blog post. The law in California requires any party alleging the misappropriation of a trade secret in California to identify the trade secret with reasonable particularity before commencing any discovery related to the trade secret unless a specific Court order states otherwise.

However, a party does have the right to request orders including protective orders regarding the discovery, sealing of Court records as well as any other relevant orders concerning the trade secret.

Code of Civil Procedure § 2019.210 states that, “In any action alleging the misappropriation of a trade secret under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity subject to any orders that may be appropriate under Section 3426.5 of the Civil Code.”

If a party commences any discovery related to a trade secret without first complying with Section 2019.210 they run the risk of the opposing party objecting on the basis that they did not properly designate any trade secret.

A party in California who is concerned about protecting the secrecy of an alleged trade secret has the right to request specific Court orders pursuant to California Civil Code § 3426.5 which states that, “In an action under this title, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.”

Attorneys or parties in California who would like to view a portion of a sample designation of trade secrets for California sold by the author can see below.

Attorneys or parties in California that would like more information on a California discovery litigation document package containing over 35 sample documents including a sample designation of trade secrets can use the link shown below.

http://legaldocspro.net/california-discovery-litigation-document-package/

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2015 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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