Judge: David A. Hoffer, Case: 30-2022-1252604, Date: 2022-10-07 Tentative Ruling

The unopposed Motion to Seal filed by Plaintiff, Koru Risk Management, LLC (“Plaintiff”) is GRANTED. (Civil Code § 3426.5.)

Plaintiff moves for an Order maintaining under seal the following documents filed in response to the Court’s OSC re: Preliminary Injunction issued on April 22, 2022:

·         Pages 118-121 of the court reporter’s transcripts from the May 13, 2022 deposition of Nick Gabriel, marked as Exhibit B to Defendants Notice of Lodging Documents Under Seal dated May 20, 2022 (ROA 67);

·         List of deleted files from Koru owned laptop previously used by Andrew McDonald, marked as Exhibit 19 to the Supplemental Declaration of Jim Vaughn in support of Koru’s Reply In Support of Court Order To Show Cause Re: Preliminary Injunction (ROA 69);

·         Pages 127-131, 134, 135 and 139 of the court reporter’s transcript from the May 25, 2022 deposition of Andrew McDonald, marked as Exhibit 22 to the Supplemental Declaration of Brandon L. Sylvia (ROA 77).

Plaintiff contends that the above documents contain its confidential trade secret information, which is the very trade secret information that Plaintiff alleges the Defendants misappropriated in this action.

As the present action involves a claim for misappropriation of trade secrets under the California Uniform Trade Secrets Act (“UTSA”), the mandatory confidentiality requirement of California Civil Code section 3426.5 applies, rather than the permissive provisions of Rules 2.550 and 2.551.  (See In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292, 298 [noting that [former versions of Rules 2.550 and 2.551] do not apply “‘to records that courts must keep confidential by law,’” including alleged trade secrets that are subject to the “mandatory confidentiality requirement” contained in section 3426.5; see also C.R.C. Rule 2.550(a)(2) [“These rules do not apply to records that are required to be kept confidential by law.”].)

Accordingly, because this action involves an alleged trade secret under the UTSA, the Court grants the unopposed motion pursuant to the mandatory provision of California Civil Code section 3426.5.

Plaintiff is ordered to give notice of this ruling.