Judge: Deborah C. Servino, Case: 30-2022-01253698, Date: 2022-10-14 Tentative Ruling

Plaintiffs Orange County Global Medical Center, Inc., Anaheim Global Medical Center, Inc., Chapman Global Medical Center, Inc., and South Coast Global Medical Center, Inc.’s unopposed motion to seal the First Amended Complaint is granted.

The California Supreme Court recognizes a “First Amendment right of access to civil litigation documents filed in court as a basis for adjudication.”  (NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1208, fn. 25; see Cal. Rules of Ct., Rule 2.550(c) [“Unless confidentiality is required by law, court records are presumed to be open.”].)  Although that right is not absolute, the moving party has the burden to meet the requirements set forth in California Rules of Court 2.550-2.551. The motion or application “must” be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).)

To grant a motion to seal, the court must expressly find that: (1) an overriding interest exists that overcomes the right of public access to the record; (2) the overriding interest supports sealing the records; (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.  (Cal. Rules of Court, rule 2.550(d); McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 988.) 

Here, the court finds that the confidential information in the parties’ contracts that are protected by confidentiality clauses and discuss confidential compensation and business practices, overcome the right of public access to this information, and that there is a substantial probability that the overriding interest will be prejudiced if the record is not sealed.  Furthermore, the proposed sealing is narrowly tailored because Plaintiffs have filed a redacted version of the First Amended Complaint, which omit only the portions of the text that are confidential.  No less restrictive means exist to achieve the overriding interest.  Accordingly, the motion is granted. The First Amended Complaint (ROA 36) is ordered sealed. 

Plaintiffs shall give notice of the ruling.