Hits On Google.

In this matter seeking extraordinary relief, a plaintiff corporation made efforts to obtain copies of email messages stored by Google, Inc. on behalf of a defendant. Defendant moved to quash the request and the trial court ordered Google to produce the emails, based on its conclusion the defendant had deemed to have given his consent. In granting relief, the appellate court stated:  “We hold that this order could not be sustained on the record before respondent court, and thus, constituted an abuse of discretion when the order was made. Since then, however, [the defendant] has been ordered by a Florida court to give his express consent to disclosure, and he has complied with that order by e-mailing Google and consenting to its production of the e-mails sought. We hold that this express consent takes the contemplated production outside of the Stored Communications Act, 18 United States Code section 2702, and permits Google to make the requested disclosure, notwithstanding claims by [the defendant] to the contrary. We further hold that in light of [the defendant’s] valid express consent to disclosure, the Act poses no impediment to a subpoena compelling Google produce the messages.” (Negro v. Sup. Ct. (Navalimpianti USA, Inc.) (Cal. App. Sixth Dist.; October 21, 2014) 230 Cal.App.4th 879, [179 Cal.Rptr.3d 215].)