Judge Peter A. Hernandez, Case Number: 24PSCV01580, Date: 2024-07-09 Tentative Ruling

California Rules of Court Rules 2.550 and 2.551 govern records sealed or proposed to be sealed by court order. “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).)

“A party requesting that a record be filed under seal must file a motion or application for an order sealing the record.” (Cal. Rules of Court, rule 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 request to seal a document. . . must be supported by a factual declaration or affidavit explaining the particular needs of the case.” (In re Marriage of Lechowick (1998) 65 Cal.App.4th 1406, 1416.)

The 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;

(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

(B) 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. All other portions of each document or page must be included in the public file.

Plaintiff moves the court for an order, pursuant to California Rules of Court rule 2.550 et seq., directing that the complaint and accompanying exhibits be sealed.

The motion is denied. At the outset, it does not appear to the court that Plaintiff has complied with the procedures set forth in California Rules of Court rule 2.551 for lodging a record proposed to be sealed.

Plaintiff represents that the proposed sealing is warranted because the parties have stipulated to such. California Rules of Court rule 2.551(a), however, expressly states that “[t]he court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.”

Additionally, Plaintiff’s motion is not accompanied by a declaration “containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) The Declaration of Jacob Gillick (“Gillick”) is conclusory in this regard. As well, it does not appear to the court that Plaintiff’s request to seal the entirety of its complaint and accompanying exhibits is “narrowly tailored.” Gillick fails to mention whether “no less restrictive means exist to achieve the overriding interest.” The court cannot issue an order in compliance with California Rules of Court rule 2.550(d) and (e) absent this information.

[1] A copy of a motion or application to seal a record “must be served on all parties that have appeared in the case.” (Cal. Rules of Court, rule 2.551(b).) The motion was filed on May 20, 2024; however, defendants only recently appeared in this case, via an answer filed June 21, 2024.

[2] As a preliminary matter, there is no indication on ecourt that the complaint has been “filed under seal” or “lodged” in a secured manner, with appropriate access controls in compliance with California Rules of Court rule 2.551. “A record must not be filed under seal without a court order. . .” (Cal. Rules of Court, rule 2.551(a).) Further, a party “requesting that a record be filed under seal must lodge it with the court under (d) when the motion or application is made, unless good cause exists for not lodging it or the record has previously been lodged under (3)(A)(i). Pending the determination of the motion or application, the lodged record will be conditionally under seal.” (Cal. Rules of Court, rule 2.551(b)(4).) “The party submitting [a] lodged record must affix to the electronic transmission, the envelope, or the container a cover sheet that: (A) Contains all the information required on a caption page under rule 2.111; and (B) States that the enclosed record is subject to a motion or an application to file the record under seal.” (Cal. Rules of Court, rule 2.551(d)(3).)