Judge Erick L. Larsh, Case 2019-01107685 2023-08-17 Tentative Ruling

Judge: Erick L. Larsh, Case: 2019-01107685, Date: 2023-08-17 Tentative Ruling

Plaintiff California Fish Grill, LLC’s motions to seal documents (ROA 143, 151, 180, 189, 231, 240) are GRANTED in part and DENIED in part. (Cal. Rules of Court, Rules 2.550, 2.551.)

The following documents and/or portions of documents, filed in support of defendants D&M Restaurants, Inc. dba Fishbonz Casual Seafood Grill and Derek Taguchi’s motion for summary judgment / adjudication, are ordered sealed:

1. Exhibit E (Purchase and Recapitalization Agreement): Chart from Schedule 3.5 on CFG000086-87.

2. Exhibit F (Asset Contribution Agreement); Chart from Schedule 2 on CFG000008, Personal address on top left of CFG000005.

3. Exhibit G (Consulting Agreement): Consulting fee amount at para. 3 on CFG007349.

4. Exhibit J (Investment Memorandum): Bottom half of pages CFG001473-1480.

The following documents and/or portions of documents, filed in support of plaintiff’s opposition to defendants’ motion for summary judgment / adjudication, are ordered sealed:

1. Exhibit 1 (Topete deposition transcript): pp. 119:17-120:24 (regarding Recipes), p. 143:5-8, 151:17-20 (regarding current vendors).

2. Exhibit 8 (Purchase and Recapitalization Agreement): Chart from Schedule 3.5 on CFG000086-87; KR Investment Amount from Annex A on CFG 000129; Chart from Annex B on CFG000135; Chart from Schedule 3.1 to Annex C on CFG000195; Chart from Schedule 5.1 to Annex C on CFG000196; Chart from Annex Don CFG000198.

3. Exhibit 13 (Karp Reilly Proposal Response): the two bullet points under "Valuation" and the third and fourth bullet points under "Response" on CFG007152.

4. Exhibit 14 (Term Sheet); Para. 1 on CFG001530 (including footnote 2); the entirety of CFG001531-1533; the first two paragraphs of CFG001534 (end of para. 3.1 and para. 3.2); Para. 3.3: the fourth sentence and the sixth sentence.

5. Exhibit 18 (Vendor Confidentiality Agreement): Vendor identifying information, including name, logo, address, signature, and signatory information.

6. Exhibit 19 (Garlic Butter Recipe): Document to be sealed in its entirety.

7. Exhibit 20 (Tomatillo Salsa Recipe): Document to be sealed in its entirety.

8. Exhibit 21 (Cilantro Pepita Dressing Recipe): Document to be sealed in its entirety.

9. Plaintiff's Opposition To Defendants' Motion For Summary Judgment And/Or Summary Adjudication: p. 23:2-3 (after "pepita" to end of sentence); p. 23:7 (after "food," to end of sentence); p. 23:8-10 (sentence after "flavors."); p. 23:11-13 (sentence after "customers."); p. 23:14-16 (sentence after "butter."); p. 23:18-19 (after "restaurants," to end of sentence).

10. Plaintiff's Separate Statement In Opposition To Defendants' Motion For Summary Judgment And/Or Summary Adjudication: Additional Material Fact ("AMF") No. 124, p. 104:15-17 (after "of its food," to end of sentence); AMF No. 126, p. 105:14-15 (after "Exhibit 19" to before "and"); AMF No. 127, p. 105:20-23 (entire paragraph); AMF No. 128, p. 106:4-5 (second sentence); AMF No. 130, p. 107:8-17 (third sentence until end of paragraph); AMF No. 131, p. 107:23-24 (after "ingredient" to before "and other"); AMF No. 131, p. 107:25 (after "preparation," to end of sentence); AMF No. 133, p. 108:10-12 (entire sentence); AMF No. 134, p. 108:16-17 (after "fo to before "since"); AMF No. 136, p. 109:15-16 (entire sentence); AMF No. 137, p. 109:20 (after "20" to before "and was"); AMF No. 139, p. 110:15-16 (after "as well as" to before "make"); AMF No. 139,p.110:17-23 (third sentence until end of paragraph); AMF No. 140, p. 111:5 (after "of' to end of sentence); AMF No.141, p.111:11-21 (entire paragraph); AMF No. 142, p. 112:5 (after "21" to before "and was"); AMF No. 144, p. 113:5-6 (after "preparation," to before "make"); AMF No. 144, p. 113:7-19 (after "For example," to end of paragraph); AMF No. 147, p. 114:9-10 (entire sentence).

11. Declaration Of Paul Potvin; p. 3:11-12 (after "demonstrated by" to end of sentence); p. 3:13-4:16 (after "joined CFG," to end of ¶ 7); p. 4:18-21 (second sentence of ¶ 8); p. 4:23-24 (after "option" to end of sentence); p. 6:17-21.

12. Declaration Of William Logan: chart from ¶ 8; chart from ¶ 11.

13. Declaration Of Louie Jocson: p. 2:22-25 (second sentence of ¶ 3); p. 2:27-3:3 (after "Exhibit 19" to end of sentence); p. 3:7-8 (last sentence of ¶ 4); p. 3:12 (after "butter" to end of sentence); p. 3:16-24 (after "preparation." to end of ¶ 6); p. 3:28 (after "ingredient," to end of line); p. 4:1-2 (after "preparation," to end of sentence); p. 4:25 (after "2 to end of sentence); p. 4:27-28 (after "as well" to before "make"); p. 4:28-5:5 (after "replicate." to before "Based"); p. 5:7 (after "of” to end of sentence); p. 5:8 (after "ingredient and" to before "to prepare"); p. 5:10-18 (entire ¶ 11); p. 5:20 (after "21." to before "The particular"); p. 5:21-22 (after "preparation," to before "make"); 5:24-6:6 (after "For example," to end of ¶12); 6:18-23 (last three sentences of ¶ 14).

14. Declaration Of Robert Holden; p. 2:23 (after "with" to before "dated").

The following documents and/or portions of documents, filed in support of defendants’ reply to plaintiff’s opposition to defendants’ motion for summary judgment / adjudication, are ordered sealed:

1. Defendants’ Evidentiary Objections And [Proposed] Order: p. 16:17-18 (after “demonstrated by” to end of sentence); p. 16:26-17:13 (after “joined CFG,” to end of ¶ 6, including all of (a-c)); p. 17:20-25 (¶ 7, in its entirety); p. 18:6-8 (the second and third sentences from ¶ 8); p. 18:17-18 (after “option” to end of sentence); p. 20:24-27 (¶ 13, in its entirety); p. 23:1-23:18 (entire chart); p. 24:9-26 (entire chart); p. 30:17-20 (third sentence of ¶ 3); p. 31:1-4 (second and third sentence of ¶ 4); p. 31:7-8 (last sentence of ¶ 4); p. 31:18 (after “CFG garlic butter” to end of sentence); p. 32:2-8 (after “preparation.” to end of ¶ 6); p. 32:18 (after “amounts of” to before “and other”); p. 32:19 (after “preparation,” to end of sentence); p. 34:2 (after “. Exhibit 20” to end of sentence); p. 34:3-4 (after “as well as” to before “make”); p. 34:5-8 (after “replicate.” to before “Based”); p. 34:9-10 (after “knowledge of” to end of sentence); p. 34:11 (the word before “type”); p. 34:19 (sentence after “21.”); 34:20-21 (after “preparation,” to before “make”); p. 34:23-35:3 (after “For example,” to end of ¶ 12); p. 37:17 (vendor name, which is the four words before “dated”).

The court finds that these documents include confidential, private, and/or alleged trade secret information, which are overriding interests overcoming the right of public access to the record and which interests support sealing the record; that a substantial probability exists that these rights will be prejudiced if the record is not sealed; that the proposed sealing is sufficiently narrowly tailored; and that no less restrictive means exist to achieve protection of these interests. (Cal. Rules of Court, Rule 2.550, subd. (d).)

The remainder of the motions are DENIED. The court finds the proposed sealing of entire documents and/or exhibits is not narrowly tailored. (Cal. Rules of Court, Rule 2.550, subd. (d)(4).) Any unredacted documents which the parties do not wish to remain part of the court’s public record should be addressed by the process set forth in Cal. Rules of Court, Rule 2.551, subd. (b)(6).

Plaintiff shall give notice.