Judge: Robert B. Broadbelt, Case: 20STCV45910, Date: 2023-09-08 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 20STCV45910    Hearing Date: March 8, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant New Hampshire Ball Bearings Inc.         

RESPONDING PARTY:       Plaintiff Maria Sao

Motion to Seal

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Defendant New Hampshire Ball Bearings Inc. (“Defendant”) moves the court for an order sealing exhibit 9 to the declaration of Teresa Avila-Martinez, filed by Defendant in support of its motion for summary judgment or, alternatively, summary adjudication against plaintiff Maria Sao (“Plaintiff”) on January 26, 2024.   

Generally, court records are presumed to be open unless confidentiality is required by law.¿ (Cal. Rules of Court, rule 2.550, subd. (c).)¿ If the presumption of access applies, the court may order that a record be filed under seal “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, subd. (d).)¿ 

            The court finds that Defendant has not met its burden of showing that (1) there exists an overriding interest that overcomes the right of public access to the record, and (2) the proposed sealing is narrowly tailored.  (Cal. Rules of Ct., rule 2.550, subds. (d)(1), (d)(4); H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 984 [“the party seeking to seal documents . . . must come forward with a specific enumeration of the facts sought to be withheld and specific reasons for withholding them”].)

            First, the court notes that Defendant has submitted the declaration of Teresa Avila-Martinez, one of its Human Resources Managers, in which Avila-Martinez states that the subject instant messages contain confidential and proprietary business information, detailed business practices, and information regarding Defendant’s ongoing business operations, pricing, and financial and inventory data.  (Avila-Martinez Decl., ¶¶ 8, 10.)  However, Defendant has not identified any specific communications included in the instant messages set forth in exhibit 9 that contain confidential and proprietary business information.  Moreover, the court’s review of some of the documents shows that most of the messages do not appear to include such information. Thus, Defendant has not shown that an overriding interest overcomes the right of public access to exhibit 9.  (Cal. Rules of Ct., rule 2.550, subd. (d)(1).)

            Second, although Defendant requests that the court seal exhibit 9 in its entirety, it has not shown that the proposed sealing is narrowly tailored, particularly given that, as set forth above, Defendant has not identified specific instant messages therein that set forth confidential and proprietary information.  (Cal. Rules of Ct., rule 2.550, subd. (d)(4).) 

            The court therefore denies Defendant’s motion to seal.  (Cal. Rules of Ct., rule 2.550, subd. (d).)

ORDER

The court denies defendant New Hampshire Ball Bearings Inc.’s motion to seal.

The court orders plaintiff Maria Sao to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 8, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court