Judge: Mark E. Windham, Case: 22STLC05168, Date: 2022-12-14 Tentative Ruling
Case Number: 22STLC05168 Hearing Date: December 14, 2022 Dept: 26
Protective Ins. Co. v. Freeman, et al.
MOTION
TO SEAL RECORDS
(CRC
RULES 2.550 and 2.551)
TENTATIVE RULING:
Plaintiff Protective Insurance
Company’s Motion to Seal Records is GRANTED AS FOLLOWS. THE CLERK’S OFFICE IS
ORDERED TO REDACT DEFENDANT’S SOCIAL SECURITY NUMBER FROM THE COMPLAINT.
ANALYSIS:
On August 5, 2022,
Plaintiff Protective Insurance Company (“Plaintiff”)
filed the Complaint in this action for insurance subrogation against Defendant Alexander
Freeman (“Defendant”). Plaintiff filed the instant Motion to Seal Court Records
on October 6, 2022. Defendant’s default was entered on December 5, 2022, after
no responsive pleading was filed. No opposition to the Motion has been filed.
Discussion
Plaintiff moves to
seal the Complaint or to redact Defendant’s social security number on the
grounds that it was inadvertently included in an exhibit attached to the
Complaint. The Motion is brought pursuant to California Rules of Court, Rules
2.550 and 2551. The court may order that a record be filed under seal
under Rule 2.550(d) 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.
(Cal. Rules of Court, Rule 2.550(d).) Sealing
the record is appropriate where the information sought to be sealed is
confidential, private or proprietary in nature. (See HB Fuller Co. v. Doe (2007) 151 Cal.App.4th 879.)
Here, it is not necessary to seal the entire
Complaint. The social security number is listed only once at the end of the one-page
exhibit attached to the Complaint. The legislature has
expressed its intent that social security numbers shall be redacted from court
filings in order to protect parties’ personal privacy and other legitimate
interests. (Cal. Rules of Court, Rule 1.201.) The Court therefore orders the clerk’s office to redact this information from the Complaint immediately.
Plaintiff
Protective Insurance Company’s Motion to Seal Records is GRANTED AS FOLLOWS.
THE CLERK’S OFFICE IS ORDERED TO REDACT DEFENDANT’S SOCIAL SECURITY NUMBER FROM
THE COMPLAINT.
Moving party to give notice.