Masonite

Masonite Corp. v. County of Mendocino Air Quality Management District

Good Law
1996 Cal. App. LEXIS 84·42 Cal. App. 4th 436·49 Cal. Rptr. 2d 639·96 Daily Journal DAR 1153·96 Cal. Daily Op. Serv. 766
Court of Appeal of CaliforniaFebruary 1, 1996A070403California7,173 words

Opinion

Opinion

Swager, J.

The trial court granted in part and denied in greater part the

motion for preliminary injunction of appellant Masonite Corporation (hereafter Masonite or appellant) to enjoin respondent County of Mendocino Air Quality Management District (hereafter the District) from disclosing to the real party in interest, Citizens for a Healthy Ukiah (hereafter CHU), information contained in reports filed pursuant to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 (Health & Saf. Code, § 44300 et seq.) claimed by Masonite to be protected “trade secrets” under section 44346. In this appeal, Masonite challenges the trial court’s denial of trade secret status to information classified as “emission factors,” and the findings that Masonite waived any trade secret privilege for material in the reports disclosed to the public by either Masonite or public agencies and designated as “Category 2, 3 and 4” information. Masonite also claims that the trial court improperly required an undertaking of $100,000 to be filed as a condition of the injunctive relief granted.

We conclude that emission factors qualify as protected trade secrets under the Act, and find that Masonite waived…

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