Q: Can a nonprofit organization demand a protective order for discovery

A: Yes, a nonprofit organization can and will be granted protective orders in discovery when appropriate. You assumption that because nonprofit organizations must disclose certain information for transparency reasons that any and all other information is fair game is incorrect.

A: In California, a nonprofit organization can request a protective order for discovery, but the court ultimately decides whether to grant the order based on the specific circumstances of the case. The organization must demonstrate good cause for the protective order, and the court will balance the interests of the parties and the public.

Here are a few key points to consider:

1. Public interest: As you mentioned, nonprofit organizations operate in the public interest, and their activities are subject to public scrutiny. This factor may weigh against granting a broad protective order.

2. Confidentiality: The organization may have legitimate reasons to keep certain information confidential, such as protecting trade secrets, private donor information, or sensitive financial data.

3. Scope of the protective order: The court may limit the scope of the protective order to specific documents or information that warrant confidentiality, rather than granting a blanket order covering all discovery materials.

4. Challenging the protective order: If you believe the proposed protective order is overly broad or unjustified, you can file an objection with the court, explaining your reasons and proposing alternatives.

5. Timely production: The organization must still produce the requested discovery within the required timeframe, regardless of the status of the protective order request.

To protect your interests, consider consulting with an attorney who can review the specific details of your case and advise you on the best course of action. They can help you negotiate with the opposing party, draft an appropriate response to the protective order request, and represent your interests in court if necessary.

A: Thank you for your question!

A protective order during discovery is leverage available to each party IF based on PROPER grounds. You do not have to stipulate (agree) with their request. Instead, you can challenge the validity of their grounds, so do not let the court grant the protective order.

You need to file a motion to oppose the protective order request with the court.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.