Harding Lawson Associates v. Superior Court

[9]

Opinion

MERRILL, Acting P. J.

Petitioners challenge a discovery order requiring production of numerous documents, some from personnel files of petitioners’ employees. We conclude that the order is too broad and unjustifiably intrudes into privacy rights of employees. We direct the issuance of a writ of mandate.

The action below was brought by real party in interest Pamela Bailey, who contends that petitioners Harding Lawson Associates and Harding Associates, Inc. (Harding Lawson, hereafter) wrongfully discharged her from employment. She claims that she was reassigned and then discharged because she refused to insert false and misleading information in bid documents she prepared for Harding Lawson and because she complained about being pressured to do so. Bailey asserts that Harding Lawson falsely represented that economic circumstances compelled her discharge, when in fact Harding Lawson retained and gave pay raises to less skilled and less experienced employees trained by Bailey.

In addition to deposing various Harding Lawson employees, Bailey submitted four document requests, asking Harding Lawson to produce documents in at least 120 categories. Harding Lawson objected to many of the requests. On Bailey’s motion, the court ordered production of most of the documents in the 56 disputed categories. In three cases, the court’s order restricted disclosure to “plaintiff’s counsel’s eyes only until further order” of the court.

This petition followed. We issued a stay of the discovery order and sought opposition. We now address Harding Lawson’s contentions.

Harding Lawson challenges the discovery order insofar as it compels production of “(1) personnel records and files of employees other than plaintiff, and (2) government bids, proposals and related documents.” Addressing the first category, Harding Lawson contends that the court erred in ordering production of private personnel files of employees other than Bailey without making a finding of a compelling need for the disclosure. As to the second category, Harding Lawson contends that federal law prevents disclosure of the documents related to government bids.

Personnel Records

Bailey and Harding Lawson both cite