Unless confidentiality is required by law, court records are presumed to be open to public review. Rules of Court, rule 2.550(c).
Any request to file records under seal must “be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” Rules of Court, rule 2.551(b)(1).
However, “[a] record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” Cal. Rules of Court, rule 2.551(a); Universal City Studios, Inc. v. Super. Ct. (2003) 110 Cal.App.4th 1273, 1280-81; NBC Subsidiary (KNBC-TV), Inc. v. Super. Ct. (1999) 20 Cal.4th 1178, 1222, n 46.
“The court may order that a record be filed under seal only if it expressly finds facts that establish:
Rules of Court, rule 2.550(d); see also NBC Subsidiary (KNBC-TV), Inc. v. Super. Ct. (1999) 20 Cal.4th 1178, 1217-1218 (NBC).)
“[T]he overriding interest can involve the content of the information at issue, the relationship of the parties, or the nature of the controversy.” Univ. City Studios, Inc. v. Super. Ct. (2003) 110 Cal.App.4th 1273, 1281.
“[A] reasoned decision about sealing or unsealing records cannot be made without identifying and weighing the competing interests and concerns. Such a process is impossible without (1) identifying the specific information claimed to be entitled to such treatment; (2) identifying the nature of the harm threatened by disclosure; and (3) identifying and accounting for countervailing considerations. The burden of presenting information sufficient to accomplish the first two steps is logically placed upon the party seeking the sealing of the documents, who is presumptively in the best position to know what disclosures will harm him and how. This means at a minimum that the party seeking to seal documents, or maintain them under seal, must come forward with a specific enumeration of the facts sought to be withheld and specific reasons for withholding them.” H.B. Fuller Co. v. Doe (Fuller) (2007) 151 Cal.App.4th 879, 894.
“Unless the court orders otherwise, any party that already possesses copies of the records to be placed under seal must be served with a complete, unredacted version of all papers as well as a redacted version.” Rules of Court, rule 2.551(b)(2).
California Rules of Court, rule 2.551(b)(3)(A) states:
Cal. Rules of Court, rule 2.551(b)(3)(A).
The California Rules of Court spell out how records are to be lodged with the court. Rules of Court, rule 2.551(d).
If the party that produced the documents fails to file a motion or an application to seal the records within 10 days, the clerk must promptly transfer all of the conditionally sealed documents into the public file. Rules of Court, rule 2.551(b)(3)(B).
California Rules of Court Rule 2.551(c) provides “[a] record filed publicly in the court must not disclose material contained in a record that is sealed, conditionally under seal, or subject to a pending motion or an application to seal.”
...Banafsheh, Danesh & Javid, PC’s (“BDJ”) unopposed Motion to Seal Portions of the Proposed Order (“Motion”) is GRANTED. BDJ’s Motion meets each of the requirements under CRC Rule 2.550(d). BDJ seeks to seal only the monetary amounts of the proposed Order RE: Resolution of the Second Phase of the Interpleader Action (“Order”). The Order contains certain monetary amounts that BDJ and Perez stipulated shoul...
...and (2). There is a substantial probability that disclosing the amounts would prejudice party interest in confidentiality. CRC Rule 2.550(d)(3). The Motion is very narrowly tailored and seeks only to seal the specific dollar amounts of the Order. CRC Rule 2.550(d)(4). Finally, there does not appear to be a less restrictive means to keep the monetary amount confidential. CRC Rule 2.550(d)(5). Having met...
Feb 20, 2020
...ALLFLIGHT CORPORATION’S MOTION TO STRIKE PUNITIVE DAMAGES FROM GLOBAL AVIATION RESOURCES, INC.’S FIRST AMENDED CROSS-COMPLAINT (filed 10/31/19) TENTATIVE RULING Cross-Defendant Allflight Corporation’s motion to strike punitive damages from Defendant/Cross-Complainant Global Aviation Resources, Inc.’s First Amended Cross-Complaint is denied in its entirety. Allflight shall file and serve its answer to the...
...and negligent misrepresentation. On October 31, 2019, Allflight filed the instant motion to strike the portions of Global’s FACC’s prayer for relief that contain claims for punitive damages. Analysis Motion to Strike Punitive Damages California Civil Code § 3294 authorizes the recovery of punitive damages in non-contract cases where “the defendant has been guilty of oppression, fraud, or malice . . . .”...
Feb 20, 2020
...specific showing under Rules 2.550 and 2.551 that would justify a court order for sealing of the entire ‘Confidential Settlement Agreement and Release’; The Court “must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties” [which is the argument Pltf makes here]; Further, Pltf has not established that the proposed sealing is ‘narrowly tailored’ as Pltf has sou...
...the entire agreement, as opposed to the particular settlement terms that the parties seek to keep confidential; Deny without prejudice to Pltf bringing a motion that proposes a more narrowly tailored sealing order.
Feb 19, 2020
...“extortionate payment demands” and asserting that Plaintiff’s Trade Secrets were “common and well known in the industry.” (Compl., ¶ 29.) Now before the Court is Plaintiff’s motion to file records under seal. The motion is unopposed. In general, “[u]nless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).) The court, however, may order that a record be fil...
...the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) Moreover, the “court shall preserve the secrecy of an alleged...
Feb 19, 2020
Motion: by plaintiff for class certification Tentative Ruling: To grant. To order that the parties meet and confer on class notice and file either 1) a jointly approved notice or 2) their own preferred notic...
...notice, subject to recovery of the sums paid as costs. Explanation: 1. Records Lodged Under Seal The Court has not been presented with any order or agreement for sealing of materials in this case. No motion has been filed. The Court’s review of the materials shows no basis for sealing the motion or points and authorities, and those shall be placed in the public file. The declaration of Mr. Blanchard incl...
Feb 19, 2020
...core health & fitness, llc’s motion to seal confidential records filed conditionally under seal in support of parties’ motions for summary adjudication non-party navigators insurance company’s motion to seal documents conditionally lodged under seal in connection with defendant national union fire insurance co. of pittsburgh, pa’s motion for summary adjudication filed on june 10, 2019 Plaintiff Core Heal...
...Core Health & Fitness, LLC’s Motion to Seal Confidential Records Filed Conditionally Under Seal is DENIED. Non-Party Navigators Insurance Company’s Motion to Seal Documents Conditionally Lodged Under Seal in Connection with Defendant National Union Fire Insurance Co. of Pittsburgh, PA’s Motion for Summary Adjudication filed on June 10, 2019 is GRANTED. FACTUAL BACKGROUND The facts and general procedu...
Feb 14, 2020
TENTATIVE RULING Calendar: 19 Date: 2/14/20 Case No: 19 GDCP00159 Case Name: Lakeland West Capital VIII, LLC v. Lasky MOTION FOR ASSIGNMENT ORDER Moving Party: Plaintiff Lakeland West Capital VIII, LLC Responding Party: Defendant William F. Lasky RELIEF REQUESTED: Assignment of Rights, Turnover Order and Order to Appear...
...personally served with the Application and Judgment. The matter was originally heard on December 6, 2019. No timely opposition had been filed, and the court published its tentative ruling to grant the motion for assignment of rights as to accounts receivables with respect to designated companies and limited to the amount of the outstanding judgment plus interest, to issue a turnover order, and to grant a ...
Feb 14, 2020
...answer questions related to emails sent between herself, her agents, and the Defendants themselves, claiming she had not waived the attorney-client privilege. On November 27, 2019, Defendants filed this motion requesting that Green be compelled to answer questions about the emails and for sanctions against Green in the amount of $6,925. Alternatively, Defendants request to be dismissed from this action. O...
...communications between the parties and finds that both made a good faith effort to meet and confer. However, the parties were unable to come to an agreement as to the issues raised in discovery. Defendants’ Motion to Compel Plaintiff Megan Green to Answer Questions at Deposition Standard: “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thin...
Feb 14, 2020
...answer questions related to emails sent between herself, her agents, and the Defendants themselves, claiming she had not waived the attorney-client privilege. On November 27, 2019, Defendants filed this motion requesting that Green be compelled to answer questions about the emails and for sanctions against Green in the amount of $6,925. Alternatively, Defendants request to be dismissed from this action. O...
...communications between the parties and finds that both made a good faith effort to meet and confer. However, the parties were unable to come to an agreement as to the issues raised in discovery. Defendants’ Motion to Compel Plaintiff Megan Green to Answer Questions at Deposition Standard: “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thin...
Feb 14, 2020
destileria el pandillo s.a. de c.v., Plaintiff, v. corazon azul spirits, inc., et al., Defendants. Case No.: BC706466 Hearing Date: February 14, 2020 [TENTATIVE] order RE: Cross-Defendant’S Demurrer and motion to strike the cross-complaint Background On May 22, 2018, Plaintiff/Cross-Defendant Destileria el Pandillo S.A. de C.V. (“Cross-Defendant”) filed the complaint in this action against Corazon Azul Sp...
...case-management conference on May 31, 2019, Gonzalez raised the possibility that he may wish to file a cross-complaint. The Court advised that if that was his intention, Gonzalez was to file a noticed motion for leave to file a Cross-Complaint as soon as possible. (Minute Order 5/31/19.) Gonzalez did not file a motion seeking leave to file a Cross-Complaint as advised. Instead, on July 1, 2019, “Gonzalez...
Feb 14, 2020
NATURE OF PROCEEDINGS: TENTATIVE RULING RE: MOTION TO TAX COSTS I. Introduction. The motion of Plaintiffs Rebecca Singh, Ralie Singh And Stella Singh individually and as Trustees of the Ralie G. Singh and Stella M. Singh 1998 Family Revocable Trust, and Winning Hit LLC (Plaintiffs) pursuant ...
...and (8) to tax (reduce) the costs submitted and claimed by defendant Geneal Chima is denied as set forth below. Defendant Geneal Chima (Chima) seeks costs in the total amount of $9,112.38. Plaintiffs' motion seeks to tax Chima's claimed costs based on the following grounds: (1) Rebecca Singh is not a plaintiff in the first cause of action, and Chima has not allocated his costs between the Plaintiffs' two ...
Feb 13, 2020
...HEALTH & FITNESS LLC’S MOTION FOR SUMMARY ADJUDICATION OF FIFTH AND SIXTH CAUSES OF ACTION AGAINST DEFENDANT NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA PLAINTIFF CORE HEALTH & FITNESS LLC’S MOTION FOR SUMMARY ADJUDICATION OF FOURTH CAUSE OF ACTION AGAINST DEFENDANT NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA DEFENDANT NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA’S MOTION ...
...JUDGMENT DEFENDANT NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA’S MOTION FOR SUMMARY ADJUDICATION OF PLAINTIFF’S FOURTH CAUSE OF ACTION DEFENDANT NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA’S MOTION FOR SUMMARY ADJUDICATION OF PLAINTIFF’S FIFTH AND SIXTH CAUSES OF ACTION FACTUAL framework This is an action for breach of contract, breach of the covenant of good faith and fair dealing, and declar...
Feb 12, 2020
...order to have documents filed under seal, a motion must be filed pursuant to California Rules of Court, rules 2.550 and 2.551. (See Cal. Rules of Court, rule 2.551(a) [“A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.”].) Plaintiff Erik A. Hennings has lodged with the court ...
...documents in support of its reply to plaintiff’s opposition: (1) Reply; (2) Defendants’ Response and Supporting Evidence to Plaintiff’s Additional Material Facts in Support of his Opposition to Defendants’ Motion for Summary Judgment; and, (3) Evidentiary Objections. No party has filed a motion to seal any of the documents which have been lodged conditionally under seal. (See Cal. Rules of Court, rule 2.551(b...
Feb 7, 2020
...and (2) motion to compel production of Plaintiff’s cellular phone for forensic inspection, is granted. A party requesting that a record be filed under seal must file a motion or application for an order sealing the record. The motion or application “must” be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) The court...
...public access to the record; the overriding interest supports sealing the record; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and, no less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) The rules expressly implement the First Amendment principles esp...
Feb 7, 2020
...ON MOTION TO SEAL DOCUMENTS ISO MOTION FOR CLASS CERT. FILED BY CENTRAL EAST BAY IPA MEDICAL GROUP, INC. * TENTATIVE RULING: * Granted. On January 30, 2020, the Court granted Defendants’ motion to seal certain records, i.e., the Professional Services Agreement (PSA) between the Muir Medical Group and John Muir Physicians Network, and the Forensic Investigation Analysis Report (“Report”), which conce...
...here. The current motion seeks to seal documents that attached or referenced one of those two documents, specifically: (1) Exhibit A to the Declaration of Ute Burness in support of MMG’s opposition to the motion for class certification (PSA); (2) Exhibit D to the Kashima declaration (transcript of deposition of Jack Elliot in which the PSA is discussed); (3) Ex. E to the Kashima Declaration (transcript of dep...
Feb 6, 2020
Defendant City of San Diego brings this motion for a protective order, seeking an order "to preclude Plaintiff San Diegan for Open Government (SDOG) and its counsel, Cory Briggs, from using the deposition testimony, including any videotape thereof...
...any third parties not affiliated with this litigation." [Notice of Motion] As an initial matter, the City objects in its reply to the fact that the deposition transcripts that are the subject of this motion were filed with plaintiff's opposition, as opposed to being lodged. The reply papers imply that Attorney Briggs did this for nefarious reasons. However, the opposition was filed by co-counsel, Attorne...
Feb 6, 2020
Plaintiffs Thomas Anderson and Donna Anderson bring this motion to tax certain costs listed in Defendants Way West, Inc. and Russell Strom's Memorandum of Costs. The Court previously determined that Defendants Way West, Inc. and Russell Strom are the prevailing p...
...under Item 11. Fees for the services of a court reporter during a hearing or at trial in a civil matter are recoverable. CCP §1033.5(a)(11), Gov.C. 68068(c), (d), CRC 2.956(c); see also Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 58-59. Moreover, the fees charged were reasonable and necessary to the conduct of this litigation. There are two charges that total $3,209.53, identified as "partial ...
Feb 6, 2020
Tentative Ruling Defendant Oakdale Joint USD's motion to compel production of Plaintiff Fenn's mental health records pursuant to deposition subpoena served on Mr. John Yost, L.C.S.W. on 8/30/19, is Granted. CCP section 1987.1. Court is ordering Exh. J to...
...Exh. J to Defendant's motion to be sealed, in light of the mental health information contained therein. All parties are ordered to not file any documents containing mental health information except under seal, absent further order of this Court. Mr. John Yost is Ordered to comply with the deposition subpoena for production of business records regarding patient, Justin Fenn, for "all records regarding alcoh...
Feb 5, 2020
...depositions. Plaintiffs move to seal exhibits lodged conditionally under seal in support of their opposition. TENTATIVE RULING: Defendants Southern California Edison Company and Edison International’s motion for protective order re: Plaintiffs’ request to take 47 additional depositions is CONTINUED to February 25, 2020, at 8:30 a.m. to give Plaintiffs the opportunity to decide whether to withdraw the docu...
...IDC Plaintiffs’ motion to seal exhibits filed in support of their opposition per the parties’ stipulated protective order is DENIED. Plaintiffs may formally withdraw any of the documents lodged conditionally under seal within 10 days of this ruling. (CRC Rule 2.551(b)(6).) If there is no such withdrawal within this time period, all such documents shall be “unsealed” and placed in the public record. If the documents ...
Feb 4, 2020
...a motion for compel further responses to Form Interrogatories. Now, Plaintiff Ludovic Schorno (“Plaintiff”) moves to seal or strike Exhibit B of the declaration of Robert Kostrenich in support of that motion. Plaintiff argues that Exhibit B contains confidential information that implicates his privacy interests. In addition, because Defendant filed the documents in connection with a discovery motion, the ...
...issues. Therefore, the Court strikes the entirety of the motion, declaration, and exhibits (which were filed as one document). The Court orders the Clerk to print and re-scan the unsealed portions of the motion as a new document with a single page with the word “SEALED” behind the tab for Exhibit B. The Court’s clerk shall give notice. DATED: February 4, 2020 ___________________________ Stephen I. Goorvitc...
Feb 4, 2020
theodosios roussos, et al., Plaintiffs, vs. david r. haberbush, et al. Defendants. Case No.: BC 683395 Hearing Date: February 4, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Background Plaintiffs Theodosis Roussos (“Roussos”) and the Estate of Paula Roussos (the “Estate”) (jointly, “Plaintiffs”)...
...judicial notice as to Items 32 through 47.[1] The Court rules on Defendants’ evidentiary objections as follows: Objection 1: sustained Objection 2: sustained Objection 3: sustained Legal Standard “[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (...
Feb 4, 2020
MOTION FOR: (1) DETERMINATION OF GOOD FAITH SETTLEMENT; AND (2) SEALING REFERENCES TO SETTLEMENT AMOUNT Date: 1/31/20 Case: Boyadzhyan, et al. v. Polaris Industries, Inc., et al. (BC 684515) TENTATIVE RULING: I. GOOD FAITH SETTLEMENT DETERMINATION Defendant Polari...
...indemnity by other parties, joint tortfeasors, or co-obligors, in this or any other action arising from the same general set of facts. II. MOTION TO SEAL Defendant Polaris Inc.’s Motion for an Order to Seal References to Settlement Amount is GRANTED, subject to Polaris Inc. re-lodging with the Court of an unredacted copy as set forth below by 2/7/20. The Court finds that: (1) There exists an overriding ...
Jan 31, 2020
Defendant's Katten Muchin Rosenman LLP and Claudia Callaway's Motion to Seal Plaintiffs' Proposed Third Amended Complaint Off calendar. The motion was advanced to 01/22/2020 per stipulation and order.
Jan 31, 2020
HEARING ON MOTION TO SEAL EXHIBITS “A” AND “C” TO BURNESS DECLARATION FILED BY CENTRAL EAST BAY IPA MEDICAL GROUP, INC. * TENTATIVE RULING: * The Court may order documents filed under seal where (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists tha...
...not sealed. Filing under seal, along with filing redacted documents that mention the provisions, are the least restrictive methods of protecting the overriding interest, and are narrowly tailored. The motion is granted as to the PSA. The Forensic Investigation Analysis Report (“Report”) concerns the investigation of the alleged data breach, and accordingly contains substantial information as to the struc...
Jan 30, 2020
Defendant Doe 50's unopposed motion to seal Doe 50's motion for summary judgment/summary adjudication is granted. California Rules of Court, Rule 2.551. The court finds Doe 50 demonstrates that the overriding interest of protecting the privacy...
...Inc. v. Superior Court (2003) 110 Cal.App.4th 1273. The court also finds that there is a substantial probability that protection of the confidential information will be prejudiced if the record is not sealed, that the proposed sealing is narrowly tailored and that no less restrictive means exist to achieve protection of the confidential information. CRC 2.550(d)(3), (4) and (5). The court directs the c...
Jan 30, 2020
