El Dorado Savings & Loan Assn. v. Superior Court

Petitioners seek a prerogative writ to nullify the order of respondent superior court granting the motion of real parties in interest to compel production of the personnel file of petitioner Kenneth T. Morris.

Real parties in interest (hereafter plaintiffs) are former employees of petitioner El Dorado Savings & Loan Association. They commenced the underlying action in respondent court, alleging that during the course of their employment they were discriminated against on the basis of gender and age. The only defendant named in the complaint is petitioner El Dorado Savings & Loan Association (hereafter defendant or El Dorado). Petitioner Morris is not a party to the action. In discovery proceedings, plaintiffs sought production of any and all personnel records relating to petitioner Morris, who was also an employee of defendant El Dorado. El Dorado refused to produce the personnel file, asserting, inter alia, that production would violate Morris’s right of privacy.

Plaintiffs filed a motion to compel production, and respondent court ordered El Dorado to produce the entire personnel file of Morris on or before November 10, 1986.

On October 28, 1986, petitioners filed the…