California Court of Appeal

In this proceeding arising from efforts by real party in interest Navalimpianti to obtain copies of email messages stored by real party in interest Google on behalf of petitioner Negro, an order requiring Google to produce the emails is vacated and a compulsory writ directing respondent court to modify its order to conform to the consent actually given is granted, where: 1) the production order could not be sustained on the record and thus constituted an abuse of discretion; 2) following the order, however, Negro gave his express consent to disclosure to a Florida court and has consented to Google’s production of the emails sought, thus taking the contemplated production outside of the Stored Communications Act (SCA); and 3) in light of Negro’s valid express consent to disclosure, the SCA poses no impediment to a subpoena compelling Google to produce the emails.

Appellate Information

• Decided 10/21/2014
• Published 10/21/2014

Judges

• Rushing

Court

• California Court of Appeal

Counsel