Judge: Donald F. Gaffney, Case: "Demirelli v. Darden Restaurants, Inc.", Date: 2022-11-02 Tentative Ruling

TENTATIVE RULING:

Motion to Seal

Defendants seek an order sealing confidential portions of the Yard House Handbooks and Alcohol Service Training, which Defendant Yard House intends to use in its reply papers for the pending Motion for Summary Judgment.  For the reasons set forth below, the unopposed motion is GRANTED.

California courts have recognized a constitutional right of access to certain court documents grounded in the First Amendment.  (Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471, 484; NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1208 fn. 25.)

“Rules 2.550-2.551 apply to records sealed or proposed to be sealed by court order.”  (Cal. R. Ct. 2.550(a)(1).)   “Unless confidentiality is required by law, court records are presumed to be open.”  (Cal. Rules of Court, rule 2.550(c).)  “A record must not be filed under seal without a court order.”  (Id., rule 2.551(a).)  “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. 

(Id., rule 2.550(d).)   

The court finds that Defendant has met all of these factors.  The parties had a reasonable expectation of privacy given the express protective order agreement between them. Those interests override the need for public access to the record.  The request is narrowly tailored to specifically identified exhibits in Yard House’s reply papers for the Yard House MSJ.  The unopposed motion is, therefore, GRANTED.  

Defendant Yard House to give notice.