Spring

FACTS

I.

THE CLAIMS AND UNDERLYING DISCOVERY REQUESTS

In September 2018, Spring filed a complaint against his former employer Eon for breach of written contract, constructive discharge, and

2 violations of Labor Code sections 201 (immediate payment of wages upon discharge or layoff), 203 (willful failure to timely pay wages), and 227.3 (payment of vested vacation wages upon termination), and against one of Eon’s founders, Dan Lejerskar, for intentional infliction of emotional distress. Eon and Lejerskar filed an answer asserting various affirmative defenses, including mitigation of damages and offset. They also filed a cross- complaint against Spring for breach of the duty of loyalty, rescission, interference with economic advantage, and unfair competition. The cross- complaint alleged Spring had not been fired and instead had stopped coming to work after Lejerskar spotted Spring “secretly meeting” with Eon’s former CEO, David Scowsill. It further alleged that Spring conspired with Scowsill to drive Eon into insolvency, force a sale of its shares, or seize control of the company. In December 2018, Eon served Spring with requests for production of documents (the document…