Judge: Colin Leis, Case: 12STCV30239, Date: 2024-10-08 Tentative Ruling

Case Number: 12STCV30239    Hearing Date: October 8, 2024    Dept: 74

The Wonderful Company v. Anthem Blue Cross Life and Health Insurance Company, et al.

Defendant Anthem Blue Cross Life and Health Insurance Company’s Motion to Seal

            On September 6, 2024, Anthem filed its motion to seal. Unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.550, subd. (c).) Consequently, pleadings, motions, evidence, and other papers may not be filed under seal merely by stipulation of the parties; rather, a prior court order is necessary. (Cal. Rules of Court, rule 2.551, subd. (a).)  

The governing rule here is Cal. Rules of Court, Rule 2.550(d) which states “that 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.” 

If the court fails to make the required findings, the order is deficient and cannot support sealing. (Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471, 487.) Sanctions may be imposed for overboard requests to seal. (Id. at p. 500.)  

DISCUSSION 

The first step to seal records within a civil case is for the movant to present an interest that overcomes the right of public access.  Anthem identifies three categories of information based on the confidentiality description: (1) Sensitive financial information and proprietary business information related to Anthem’s services agreement with Plaintiff; (2) Sensitive financial information related to the Anthem CME Agreement with LPCH; and (3) Personally identifiable health information of minors

With respect to the first and second category of financial information and proprietary business information, Anthem argues that it will suffer prejudice if the information from the Administrative Services Agreement and the CME were revealed because they contain sensitive business and financial information.  The Court finds that Defendant’s privacy interest in confidential and proprietary business, including sensitive financial information, overrides the public right of access.  Anthem has a right to seal documents containing business procedures and other proprietary information.  (McGaun v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 988-989.)

With respect to the second category of information, personally identifiable health information of non-party minors, Anthem argues that person health information is protected by an overriding interest in privacy.  The Court finds that the minor patients’ privacy interest in their personal health information overrides the public’s right of access.  Anthem has a right to seal documents containing sensitive medical information.  (Ruiz v. Podolsky (2010) 50 Cal.4th 838, 850.)

The proposed sealing covers a fair amount of the Motion for Summary Judgement and exhibits, declarations and deposition transcripts associated with the motion, but the sealing is narrowly tailored to information involving the Administrative Services Agreement, CME agreement and the personally identifiable information of non-party minors.  The court agrees that no less restrictive means exists. 

Therefore, the motion is granted.

CONCLUSION 

The court grants Defendant’s motion to seal.

The court will sign without any modifications the proposed sealing order filed on September 6, 2024.

Defendant shall give notice.