Privacy Issues in the Workplace

394 Lab. Code, § 90.2(b). 395 Lab. Code, § 90.2(b). 396 Lab. Code, § 90.2(b). 397 Lab. Code, § 90.2(b)(1)(A)-(D).

398 Lab. Code, § 90.2(c). 399 Lab. Code, § 90.2(c). 400 Williams v. Superior Court (2017) 3 Cal.5th 531, 552.

401 Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 525 [174 Cal.Rptr. 160, 164] (Disapproved of by Williams v. Superior Court (2017) 3 Cal.5th 531, 557 fn. 8, where California Supreme Court held that while this and other cases may have been correct to require a compelling interest or compelling need and many of the cases made the correct ultimate conclusion as to whether the information should or should not have been discoverable, this and other cases were disapproved for assuming, without conducting the inquiry Hill requires, that a compelling interest or compelling need was automatically required.). 402 See Harding Lawson Assoc. v. Superior Court (1992) 10 Cal.App.4th 7 [12 Cal.Rptr.2d 538, 539]. Please note that while Williams v. Superior Court (2017) 3 Cal.5th 531, 557 fn. 8 disapproved of this case and other cases for assuming that a compelling interest or compelling need was automatically required without conducting the inquiry required by Hill , the California Supreme Court also held that this and other cases may have been correct to require a compelling interest or compelling need and many of the cases made the correct ultimate conclusion as to whether the information should or should not have been discoverable. Thus, until further guidance is provided by the courts, the ultimate conclusions of this case appear to remain good law. 403 El Dorado Savings & Loan Assn. v. Superior Court (1987) 190 Cal.App.3d 342 [235 Cal.Rptr. 303] disapproved of by Williams v. Superior Court (2017) 3 Cal.5th 531 [220 Cal.Rptr.3d 472, 398]. 404 City of San Diego v. Superior Court (1981) 136 Cal.App.3d 236 [186 Cal.Rptr. 112]. 405 Fed. Rules Civ.Proc., rules 16, subd. (b)(3)(B)(iii) ; 26, subds. (a)(1)(B), (b)(1), (b)(5)(B), (f)(3)(4); 33, subd. (d); 34, subds. (a) & (b); 37, subd. (f); 45, subds. (a)(1)(C)(D), (a)(2)(C), (b)(2)(A), & (d)(1)(B), (d)(1)(C), (d)(1)(D). 406 Zubulake v. UBS Warburg LLC (S.D.N.Y. 2003) 220 F.R.D. 212, 219-220; but see In re Electric Machinery Enterprises, Inc. (Bkrtcy.M.D.Fla. 2009) 416 B.R. 801, 874 (where, in 11 th Circuit, the determination of whether to impose spoliation sanctions is “informed by” state law and, thus, the court did not impose spoliation sanctions as there was no duty to preserve under state law at the time the actions were taken). 407 University of Pennsylvania v. E.E.O.C. (1990) 493 U.S. 182 [110 S.Ct. 577]. 408 Code Civ. Proc., § 1985.4. 409 Lantz v. Superior Court (1994) 28 Cal.App.4th 1839 [34 Cal.Rptr.2d 358] disapproved of by Williams v. Superior Court (2017) 3 Cal.5th 531 [220 Cal.Rptr.3d 472, 398]. 410 Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal.Rptr. 897], superseded by statute, Evid. Code, § 1043. 411 City of Redding v. Municipal Court (1988) 200 Cal.App.3d 1181, 1186-87 [246 Cal.Rptr. 417, 421], review den.

412 Jalilie v. Superior Court (1988) 195 Cal.App.3d 487 [240 Cal.Rptr. 662], review den. 413 City of San Jose v. Superior Court (1993) 5 Cal.4th 47, 50, 53 [19 Cal.Rptr.2d 73, 75]. 414 People v. Mooc (2001) 26 Cal.4th 1216 [114 Cal.Rptr.2d 482], as modified (Jan. 29, 2002. 415 66 Ops.Cal.Atty.Gen. 128 (1983).

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 200