Judge: Melissa R. Mccormick, Case: "American First Credit Union v. ROI Property Group Management, LLC, et al.", Date: 2022-09-29 Tentative Ruling

Defendants Platinum Properties Investor Network, Inc. and Platinum Properties Investor Network, LLC’s Motion to Seal

Defendants Platinum Properties Investor Network, Inc. and Platinum Properties Investor Network, LLC (together, “Platinum”) move to seal portions of defendants ROI Property Group Management, LLC and ROI Property Group 2, LLC’s (together, “ROI”) opposition to Platinum’s motion for stay and the accompanying Heffner Declaration (ROA Nos. 145 & 147).  Specifically, Platinum moves to seal page 6, lines 11-25 and page 9, line 28 through page 10, line 4 of the opposition; page 1, lines 13-22 of the Heffner Declaration, and Exhibits 2 through 7 to the Heffner Declaration.  Platinum asserts these portions of the opposition and declaration and exhibits 2 through 7 reference Platinum’s “confidential financial information and transactions, including “revenue figures and profits.”  Platinum asserts it produced this information to ROI pursuant to an attorneys’ eyes only provision in a protective order issued in another case between Platinum and ROI.  For the following reasons, Platinum’s motion is granted in part and denied in part.

Unless confidentiality is required by law, court records are presumed to be open.  Cal. R. Ct. 2.550(c).  A record must not be filed under seal without a court order.  Cal. R. Ct. 2.551(a).  The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.  Id.

A party requesting that a court record be filed under seal “must file a motion or an application for an order sealing the record.”  Cal. R. Ct. 2.551(b)(1).  “The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.”  Id.

A court may order a record be filed under seal only if the court 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. R. Ct. 2.550(d).

An order sealing a record must specifically state the facts that support the findings, and direct the sealing of only those documents and pages, or, if reasonably practicable, portions of those documents and pages, that contain the material that needs to be placed under seal.  Cal. R. Ct. 2.550(e)(1).  All other portions of each document or page must be included in the public file.  Id.

Platinum’s motion to seal is granted as to the portions of the opposition, declaration, and exhibits that set forth specific financial information regarding Platinum and its related entities.  Platinum’s motion and accompanying Hartman Declaration set forth sufficient facts warranting sealing of Platinum’s specific financial data and figures.  Accordingly, the motion to seal is granted as to the following portions of the opposition, declaration, and exhibits:  opposition page 6, line 11 through line 15 (ending with “Heffner Decl. ¶ 6”); opposition page 6, line 19 (starting with second “Platinum” on line 19) through line 23; opposition page 6, line 24 (sentencing starting with “Indeed”) through line 26 (ending with “8”); opposition page 9, line 28 (starting with “by”) through page 10, line 3 (ending with “Heffner Decl. Ex. 4”); Heffner Declaration page 1, line 14 (starting with “They” and ending with “LLC”); Heffner Declaration page 1, line 18 through line 19 (ending with “Judgment”); Heffner Declaration page 1, line 21 (starting with “Platinum, Inc.”) through line 22; Heffner Declaration Exhibit 2; Heffner Declaration Exhibit 4 (page 4 (portion of response to interrogatory No. 8) line 3 (starting with “American”) through line 6 (ending with the number at the beginning of line 6)); and Heffner Declaration Exhibit 6 (page 3 (7/26/22 1:09 p.m. email, first two sentences; page 4 (7/25/22 10:45 p.m. email, first full sentence second paragraph and first two sentences of third paragraph); page 5 (7/25/22 6:00 p.m. email, first sentence); and page 6 (7/25/22 5:07 p.m. email, third sentence in first paragraph)).

The motion to seal is denied in all other respects.  The other portions of the opposition, Heffner Declaration, and exhibits Platinum seeks to seal do not set forth any specific financial information.  Platinum does not assert those materials should be sealed for any other reason nor does the declaration accompanying Platinum’s motion address any other basis for sealing the materials.  Cal. R. Ct. 2.551(b)(1) (“The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.”).

Defendants Platinum Properties Investor Network, Inc. and Platinum Properties Investor Network, LLC to give notice.