Judge: Matthew C. Braner, Case: 37-2022-00037382-CU-BC-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00037382-CU-BC-CTL MAK CONSTRUCTION INC VS INSURANCE COMPANY OF THE WEST [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Mak Construction Inc.'s motion to seal the first amended complaint is GRANTED.

A record cannot be sealed without a court order, and the court 'must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.' A party must comply with the applicable procedural requirements to seal confidential documents. (CRC 2.551, subds. (b), (d).) If a party complies with those requirements, the court may order the documents sealed only if it expressly funds facts that establish: - There exists an overriding interest that overcomes the right of public access to the record; - The overriding interest supports sealing the record; - A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; - The proposed sealing is narrowly tailored; and - No less restrictive means exist to achieve the overriding interest.

Here, Plaintiff has substantially complied with the applicable procedural requirements, particularly the requirement to submit the confidential documents sought to be sealed conditionally under seal while moving via motion to seal the documents. Although it does not appear Plaintiff has filed a redacted copy of the first amended complaint, this defect is easily cured. Plaintiff is directed to cure the defect by filing a redacted copy of the first amended complaint in the public record.

Plaintiff has also presented sufficient evidence for the court to make the requisite findings of fact.

Defendant reasonably and in good faith designated as confidential a multitude of its internal policies, procedures, and training materials, as well as information related to its proprietary claims handling processes. Defendant's interest in protecting these materials overcomes the public's right to access information in the court's files, sufficient to support sealing such records and information. If such information is not sealed, a substantial probability exists that Defendant's interest in protecting its nonpublic proprietary information will be prejudiced. The proposed sealing is also narrowly tailored, as only confidential trade secret and privileged information is sought to be sealed. Finally, no less restrictive means exists to achieve protection of the information, as Plaintiff's claims are inextricably intertwined with the information, necessitating its disclosure and discussion in the complaint.

Accordingly, the unredacted copy of the first amended complaint filed conditionally under seal is ordered sealed.

If the tentative is confirmed, the minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3102218  24 CASE NUMBER: CASE TITLE:  MAK CONSTRUCTION INC VS INSURANCE COMPANY OF THE  37-2022-00037382-CU-BC-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

3102218  24