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:

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 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.”

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:

1. A party that files or intends to file with the court, for the purposes of adjudication or to use at trial, records produced in discovery that are subject to a confidentiality agreement or protective order, and does not intend to request to have the records sealed, must:
1. Lodge the unredacted records subject to the confidentiality agreement or protective order and any pleadings, memorandums, declarations, and other documents that disclose the contents of the records, in the manner stated in (d);
2. File copies of the documents in (i) that are redacted so that they do not disclose the contents of the records that are subject to the confidentiality agreement or protective order; and
3. Give written notice to the party that produced the records that the records and the other documents lodged under (i) will be placed in the public court file unless that party files a timely motion or application to seal the records under this rule.

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.”