Judge: Daniel M. Crowley, Case: 21STCV25158, Date: 2023-02-14 Tentative Ruling

Case Number: 21STCV25158    Hearing Date: February 14, 2023    Dept: 28

Defendant Irwin Naturals, Inc.’s Motion to Seal

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 8, 2021, Plaintiffs Herman Reese (“Herman”) and Jasminn Reese (“Jasminn”) filed this action against Defendants Irwin Naturals, Inc. (“Irwin”) and Applied Nutrition (“AN”) for strict product liability, negligence, breach of express and implied warranties, failure to warn/negligent failure to recall and loss of consortium.

On November 5, 2021, Plaintiffs filed a FAC, removing AN as a Defendant. Plaintiff later amended the complaint to include Defendant Robinson Pharma, Inc. (“Robinson”).

On December 7, 2021, Irwin filed an answer. On July 7, 2022, Robinson filed an answer.

On December 9, 2022, Irwin filed a Motion to Seal to be heard on February 14, 2023.

Trial is scheduled for July 31, 2023.

PARTY’S REQUESTS

Irwin requests the Court seal Ex. 5 of the Declaration of David P. Mason as it is confidential, proprietary and contains highly sensitive business information.

LEGAL STANDARD

Under CRC 2.550(d) “[t]he 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.”

DISCUSSION

The right of public access to the record is generally overcome when there is a highly confidential, competitive piece of information to be sealed. The subject document is approximately 15 pages of confidential, non-public, consumer-reported information regarding alleged adverse events relating to the use of the subject product. It contains medical and personal information of the consumers received through the consumer reporting program—none of which is intended for public disclosure. The information contained here is both confidential and commercially sensitive. Parties have agreed that non-public adverse event reports, such as the subject exhibit, are to remain confidential. Making this information public would not only violate Irwin’s privacy rights, but also those of consumers that have reported alleged incidents stemming from the use of the product. The request is narrowly tailored to the report, which contains personal information. There are no less restrictive means to protect the interest. The Court grants the motion.

CONCLUSION

Defendant Irwin Naturals, Inc.’s Motion to Seal is GRANTED. The subject document is sealed.

             Moving Party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.