Judge: Lisa K. Sepe-Wiesenfeld, Case: 21SMCV00340, Date: 2024-04-23 Tentative Ruling
Case Number: 21SMCV00340 Hearing Date: April 23, 2024 Dept: N
TENTATIVE RULING
Defendant Michael H. Weiss’s Motion to Redact Portions of the Notice of Petition and Petition to Confirm Arbitration Award and Enter Judgment in Conformance with the Award, Etc. is GRANTED.
Defendant Michael H. Weiss to give notice.
REASONING
The trial 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.” (McGuan v. Endovascular Techs., Inc. (2010) 182 Cal.App.4th 974, 988, paragraph breaks omitted.)
Defendant Michael H. Weiss (“Defendant”) moves the Court for an order to redact portions of the Notice of Petition and Petition to Confirm Arbitration Award and Enter Judgment in Conformance with the Award filed in this action on October 4, 2022. Defendant argues that the parties stipulated to rescind and vacate the arbitration award, which renders the award as if it did not occur and no longer has force and effect, and the continued presence of the award in the record is now irrelevant and misleading.
The Court finds it proper to seal the documents at issue here. Put simply, the right of public access to the record exists so the public may have insight into the Court’s decision-making process, and the documents sought to be sealed had no bearing on the Court’s adjudication of this action given that the parties stipulated to rescind the subject award. Further, Defendant seeks to seal only the petition, such that the request is narrowly tailored. Accordingly, Defendant Michael H. Weiss’s Motion to Redact Portions of the Notice of Petition and Petition to Confirm Arbitration Award and Enter Judgment in Conformance with the Award, Etc. is GRANTED.