Advanced Modular Sputtering, Inc. v. Superior Court

This is a first impression trade secret civil discovery case. We hold that Code of Civil Procedure section 2019.210 (formerly Code of Civ. Proc,. § 2019, subd. (d)), which provides that discovery relating to a trade secret may not commence until the trade secret is identified with “reasonable particularity,” is not limited in its application to a cause of action under the Uniform Trade Secrets Act (UTSA) (Civ. Code, §§ 3426-3426.11), for misappropriation of the trade secret, but extends to any cause of action which relates to the trade secret. We also hold that where the plaintiff makes a showing that is reasonable, i.e. fair, proper, just, rational, the trade secret has been described with “reasonable particularity,” and is sufficient to permit discovery to commence.

The trial court’s February 17, 2005 order adopts an inappropriately strict construction of the term “reasonable particularity” and erroneously distinguishes between a cause of action for misappropriation of trade secrets and other causes of action which also depend upon the same alleged misappropriation. Accordingly, we vacate the February 17, 2005 order and remand the matter for further consideration in…