Judge: John C. Gastelum, Case: 21-01202053, Date: 2022-09-13 Tentative Ruling

Motion --  Other

Ruling:  Off Calendar – no hearing will be held.  Defendant DoorDash, Inc. (“Defendant”) moves for an order that a redacted version of the April 26, 2022 Declaration and Exhibits of Lawrence A. Goldberg in Opposition to OSC re: Dismissal of Settled Case (the “Declaration”) be filed or, alternatively, an order sealing the filed records.  Defendant contends the Declaration as filed discloses certain confidential terms of its Settlement Agreement with Plaintiff Annisha McKoy (“Plaintiff”).

The Declaration includes the amount of settlement payment, the entities responsible for payment, and the entire unredacted Settlement Agreement as Exhibit 2.  (Declaration of Scott J. Rothmeyer, ¶ 3.)  The Settlement Agreement expressly designates each of these terms as confidential.  (Id., ¶ 4.) 

Under California Rules of Court, rule 2.550(d), the court may order a record to be filed under seal if it finds that: (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. (NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178, 1218.).

The evidence presented supports the findings as required by California Rules of Court, Rule 2.550(d).  Thus, the Court is inclined to grant the Motion to seal the Declaration, upon the filing of a properly redacted version of the Declaration and its Exhibits.  The Court notes that Defendant submits a redacted version of the Declaration as Exhibit 1 to the Rothmeyer Declaration.  However, a redacted version has not been filed separately pursuant to California Rules of Court, Rule 2.551(b)(5).

Thus, the unopposed Motion is CONTINUED to 9-27-2022, Dept. C11, at 2 pm.  Plaintiff to file a redacted version of the Declaration no later than nine court days prior to the continued hearing date.  If the redacted version of the Declaration is timely filed, no appearances will be necessary.

Defendant to give notice.