Brescia v. Angelin, the Latest Reported Case Regarding CCP 2019.210 Trade Secret Statements: A More Employer-Friendly Standard


One issue in trade secret litigation is whether a plaintiff has adequately identified the trade secrets it alleges were misappropriated. In California, a plaintiff alleging misappropriation of trade secrets must identify the allegedly misappropriated trade secrets with "reasonable particularity" before commencing discovery concerning the trade secrets claim.1 As a result, defendants often challenge a plaintiff's so-called California Code of Civil Procedure section 2019.210 statement to force the plaintiff to better define the scope of the allegedly misappropriated trade secrets.

Last month, a California Court of Appeal provided further guidance on the degree of "particularity" for section 2019.210 statements. Brescia v. Angelin,2 involved a dispute over the formula and manufacturing process for high protein low carbohydrate pudding. The appellate court in Brescia reversed the trial court's determination that Brescia had inadequately described the allegedly misappropriated trade secrets and further reversed the trial court's ruling that erroneously dismissed Brescia's trade secret claim because of the purported section 2019.210 deficiencies.

Please see full ASAP for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Littler | Attorney Advertising

Written by:


Littler on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.