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California Civil Procedure, Keyed to Levine, 6th Ed.
Toshiba America Electronic Components, Inc. v. Superior Court
Citation:
124 Cal. App. 4th 762, 21 Cal. Rptr. 3d 532 (2004)Facts
Lexar Media sued Toshiba America Electronic Components for misappropriation of trade secrets, breach of fiduciary duty, and unfair competition. Lexar served TAEC with a document production request seeking 60 categories of documents including electronic mail and electronically maintained information. TAEC produced more than 20,000 pages of readily available documents but objected to bearing the cost of recovering additional responsive emails from over 800 computer backup tapes covering 1994 through October 2002. TAEC’s electronic discovery specialist estimated that complete processing of all tapes would cost between $1.5 and $1.9 million, while processing 130 selected tapes would cost at least $211,250. The tapes were not in optimal condition, with some using obsolete software requiring specialized conversion tools, some deteriorated from age, and others incorrectly labeled. TAEC requested that Lexar shoulder some or all costs, but Lexar refused and filed a motion to compel production.
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