2016-00201838-CU-WT

Rebecca Molina vs. Autozone, Inc.

Nature of Proceeding: Motion for Injunctive Relief

Filed By: Mack, Conor D.

The motion of defendant AllData, LLC for injunctive relief compelling plaintiff to return all AllData property in her possession and for monetary sanctions of roughly $9,650 is DENIED without prejudice, as follows.

The moving papers again fail to comply with CRC Rule 3.1110(b)(3)-(4).

Factual Background

This action commenced on 10/17/2016 and arises from plaintiff Rebecca Molina’s employment by AllData, which terminated her in June 2016 after an internal audit revealed she was incorrectly entering customer price reductions in a manner that artificially increased her periodic commission payments. The Fourth Amended Complaint (“4AC”) filed on 9/22/2017 asserts a variety of causes of action under the Fair Employment and Housing Act along with common law causes of action for adverse action in violation of public policy and defamation. In short, plaintiff alleges she was terminated because she was pregnant and Defendants used false allegations of fraudulent misconduct by plaintiff to justify her termination. Plaintiff’s husband alleges a loss of consortium.

Moving Papers. Pursuant to the court’s “inherent authority to control [its] proceedings,” defendant AllData now seeks an injunction compelling plaintiff to return all AllData property in her possession and sanctioning her and/or her attorneys for their refusal to voluntarily return the confidential information which plaintiff “stole and otherwise obtained…from AllData” and is “not entitled to possess.” According to the moving papers, plaintiff’s discovery responses to date reveal that prior to her termination she stole documents from AllData and that she subsequently received additional confidential AllData material from another employee. Despite several requests, plaintiff has refused to return the information or to verify she no longer possesses it. AllData contends this theft of confidential information frustrates the court’s “control of the discovery process” and plaintiff should therefore be compelled to return it regardless of whether she intends to use it at trial, as well as to pay monetary sanctions of roughly $9,650.

Opposition. Plaintiff opposes, arguing first that defendant is impermissibly seeking a permanent injunction without any complaint or cross-complaint, discovery or a trial on the merits. Next, the opposition asserts that if this motion were deemed one for a preliminary injunction, it must still be denied because AllData has not filed any cross-complaint upon which an injunction could be based and has not posted an injunction bond and because no injury will result from plaintiff’s attorneys possessing documents which are responsive to plaintiff’s document requests and defendants have already produced substantially similar documents. Finally, plaintiff insists AllData is not under these circumstances entitled to sanctions.

Analysis

The court is not persuaded it has the “inherent authority” to issue here the type of injunctive relief sought by AllData. While injunctive relief may otherwise be available in circumstances similar to those in this case, AllData has to date not filed any cross-complaint seeking any affirmative relief relative to plaintiff’s alleged theft of confidential material in violation of AllData’s policies and this court is not convinced that plaintiff’s apparent possession of some confidential material would necessarily undermine the court’s ability to control these litigation proceedings.

Although a number of the opposition’s remaining arguments appear specious, this motion for injunctive relief pursuant to the court’s inherent authority will on the present record be denied. This ruling, however, is without prejudice to AllData’s right to seek other appropriate relief including but not limited to a motion for preliminary injunction after seeking and obtaining leave to file a cross-complaint based on plaintiff’s alleged

theft and/or conversion of AllData’s confidential information in violation of established policies.