Cook

*410 Opinion

Appellant Chanslor-Western Oil and Development Company appeals from an order denying a preliminary injunction against respondent William Cook (the County Assessor of Santa Barbara County) and his agents.

In 1976 appellant, through its parent company, Santa Fe Industries, Inc., acquired the assets of Westates Petroleum Company. Prior to making a competitive bid on Westates’ assets, appellant prepared a complex appraisal of the future net income stream derivable from Westates’ oil and gas producing properties.

Subsequent to the acquisition, the assessor obtained appellant’s records concerning this transaction, pursuant to his power under Revenue and Taxation Code section 441, subdivision (d), to require a taxpayer to provide details of property acquisition transactions. It is appellant’s contention that the documents contained “[t]he assumptions and methodology used in generating such an appraisal [which] are top level corporate secrets which, if disclosed to competitor companies, would result in a serious if not total loss of competitive advantage in bidding on future oil and gas property acquisitions.”

Chevron Oil Company, a competitor of appellant, has filed an…

I concur in the result, but have nagging doubts concerning some of the court’s reasoning.

1. I cannot agree that the definition of market data contained in subdivision (b) of section 408 does not include the information here involved: the subdivision speaks of “any information.” What saves appellant is, I believe the last proviso—that the “assessor shall not display any document relating to the business affairs... of another.” Obviously this prohibition cannot be circumvented by withholding the *417 document and displaying copies or summaries containing the same information.

2. I do not believe the court’s reliance on section 408.1, subdivision (c)(7) is warranted or necessary. That subsection refers to information available to the general public, as distinguished from taxpayers engaged in litigation with the assessor.

3. Nevertheless the result of the court’s opinion is manifestly correct, not only because it accords with the spirit of the Revenue and Taxation Code, but also because, I believe, the information involved is a trade secret. (See Evid. Code, § 1060; Gov. Code, § 6254, subd. (i).)

Respondents’ petition for a hearing by the Supreme Court was denied May 14, 1980.

Appellant Chanslor-Western Oil and Development Company appeals from an order denying a preliminary injunction against respondent William Cook (the County Assessor of Santa Barbara County) and his agents.

In 1976 appellant, through its parent company, Santa Fe Industries, Inc., acquired the assets of Westates Petroleum Company. Prior to making a competitive bid on Westates' assets, appellant prepared a complex appraisal of the future net income stream derivable from Westates' oil and gas producing properties.

Subsequent to the acquisition, the assessor obtained appellant's records concerning this transaction, pursuant to his power under Revenue and Taxation Code section 441, subdivision (d), to require a taxpayer to provide details of property acquisition transactions. It is appellant's contention that the documents contained "[t]he assumptions and methodology used in generating such an appraisal [which] are top level corporate secrets which, if disclosed to competitor companies, would result in a serious if not total loss of competitive advantage in bidding on future oil and gas property acquisitions."

Chevron Oil Company, a competitor of appellant, has…