O'Grady et al. v. Superior Court (Apple)
Filed 5/26/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
JASON O'GRADY et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; APPLE COMPUTER, INC., Real Party in Interest. | H028579 (Santa Clara County Super. Ct. No. CV032178) |
Story continue from Part II ……..
We next turn to the question whether the trial court properly refused to issue a protective order barring Apple from obtaining discovery directly from petitioners. The trial court refused to rule on the propriety of such discovery, holding that since no discovery had yet been propounded to petitioners, any ruling would constitute an advisory opinion. We consider the correctness of this ruling anew, without deference to the trial court's determination. (Standard Alaska Production Co. v. Schaible (9th Cir. 1989) 874 F.2d 624, 625.)
A controversy is not deemed ripe for adjudication unless it arises from a genuine present clash of interests and the operative facts are sufficiently definite to permit a particularistic determination rather than a broad pronouncement rooted in abstractions. (See Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 169.) â€
