Judge: Curtis A. Kin, Case: 22STCV27137, Date: 2022-10-18 Tentative Ruling

Case Number: 22STCV27137    Hearing Date: October 18, 2022    Dept: 72

MOTION TO SEAL

Date:               10/18/22 (8:30 AM)

Case:               Shadow Holdings, LLC v. Cosway Company, Inc. (22STCV27137)

TENTATIVE RULING:

Plaintiff Shadow Holdings, LLC’s Motion to Seal is GRANTED.

Plaintiff Shadow Holdings, LLC seeks an order sealing Exhibit 1 and portions of Exhibits 2, 3, and 5-8 of the First Amended Complaint.

The Court finds that:

1.      There exists an overriding interest that overcome the right of public access to the records, namely, the interest of the parties in plaintiffs in complying with their agreement not to disclose the settlement terms or amount;

2.      The overriding interest supports sealing the records;

3.      A substantial probability exists that the overriding interest will be prejudiced if the records are not sealed;

4.      The proposed sealing is narrowly tailored under the circumstances; and

5.      No less restrictive means exist to achieve the overriding interests.

Plaintiff has established that the Supply and Management Agreement contains a provision not to disclose the terms of the agreement and an obligation for plaintiff to keep certain commercially sensitive information from non-party John Paul Mitchell Systems confidential.

The Court will sign the proposed Order Granting Plaintiff’s Motion to Seal lodged on September 22, 2022.