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Legal Memorandum: Non-Party's Right to Privacy in CA

Issue: Under California law, is a non-party business entity permitted to raise privacy considerations when being asked to respond to discovery requests in litigation in which it is not a party?

Area of Law: Business Organizations & Contracts, Constitutional Law, Litigation & Procedure
Keywords: Right to privacy; Non-party business entity; Discovery requests in litigation
Jurisdiction: California
Cited Cases: 95 Cal. Rptr. 2d 864; 137 Cal. App. 4th 579; 80 Cal. App. 4th 1050; 147 Cal. App. 3d 770
Cited Statutes: Cal. Const. art. I, § 1
Date: 04/01/2015

Information involving a non-party may be within the recognized zone of privacy protected from discovery in an action between other parties.  See Coito v. Sup. Ct. (State of Calif.), 54 Cal. 4th 480, 502 (2012) TA l "Coito v. Sup. Ct. (State of Calif.), 54 Cal. 4th 480 (2012)" s "Coito v. Sup. Ct. (State of Calif.), 54 Cal. 4th 480, 502 (2012)" c 1 .    

California’s Constitution expressly provides all people have an “inalienable” right to privacy.  Cal. Const. art. I, § 1 TA l "Cal. Const. art. I, § 1" s "Cal. Const. art. I, § 1" c 3 .  The protection is considered broader than the implied federal right to privacy.  Johnson v. Superior Court, 80 Cal. App. 4th 1050, 1055, 95 Cal. Rptr. 2d 864, 867 (2000) TA l "Johnson v. Superior Court, 80 Cal. App. 4th 1050, 95 Cal. Rptr. 2d 864 (2000)" s "Johnson v. Superior Court, 80 Cal. App. 4th 1050, 1055, 95 Cal. Rptr. 2d 864, 867 (2000)" c 1   TA s "Johnson v. Superior Court, 80 Cal. App. 4th 1050, 1055, 95 Cal. Rptr. 2d 864, 867 (2000)" .  A violation of the California Constitutional right of privacy is established where three conditions are shown: (1) a legally protected privacy interest; (2) a reasonable expectation of privacy under the circumstances; and (3) conduct by defendant constituting a serious invasion […]

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