Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction: California (state)
Effective Date: 2014-01-23
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

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The proposed order allowed any party or non-party to designate a document or
response to discovery as "confidential information," it limited the persons to whom such
information could be disclosed, it required all documents containing confidential
information to be filed sealed and stamped confidential, it required a party disagreeing
with a designation to give written notice to the designator, and it gave the designator 30
days to apply for a court order designating the material as confidential. The proposed
order stated that its provisions restricting communication or use of confidential
information "continue[d] to be binding after the conclusion of the action, unless
otherwise agreed or ordered."
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A notice of motion for a protective order was filed on August 26, 2011. The
parties agreed that the ex parte application would be deemed the moving papers.
Appellants opposed the motion on the grounds that it was untimely and AHMSI
had not shown that the documents should be protected. They pointed out that the motion
was not accompanied by a declaration from any AMHSI employee attesting that the
documents were confidential and proprietary and that AHMSI would be harmed by their
disclosure. Appellants argued that it was "imperative that the public have access to
information concerning the management and eviction practices of servicers such as
AHMSI."
On September 23, 2011, the trial court granted AHMSI's request for a protective
order. The court found there had "been a showing that the information is proprietary in
nature." The formal order, filed November 15, 2011, adopted the proposed
comprehensive protective order.
C. Analysis
"Before, during, or after a deposition, any party, any deponent, or any other
affected natural person or organization may promptly move for a protective order."18
(Code Civ. Proc., § 2025.420, subd. (a); cf. Code Civ. Proc., § 2031.060, subd. (a).) The
motion must be accompanied by a meet and confer declaration under Code of Civil
Procedure section 2016.040.19 (Ibid.) "The court, for good cause shown, may make any
order that justice requires to protect any party, deponent, or other natural person or

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