Judge: Robert B. Broadbelt, Case: 22STCV38301, Date: 2023-05-16 Tentative Ruling

Case Number: 22STCV38301    Hearing Date: May 16, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Forex Express Corp., d/b/a Wirecash          

RESPONDING PARTIES:    Defendants Eliran Grushkowsky and Fernando Fayzano

Motion to Seal 20 Paragraphs of Amended Complaint

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

DISCUSSION

Plaintiff Forex Express Corp., d/b/a Wirecash (“Plaintiff”) moves the court for an order filing under seal 20 paragraphs of its Amended Complaint on the ground that the information contained in those paragraphs consists of Plaintiff’s confidential and proprietary business information.  (Cooper Decl., ¶¶ 6, 9-10.)

Plaintiff filed a redacted version of its Amended Complaint with the court on April 19, 2023.  The court notes that Plaintiff filed a “Notice of Lodging” on April 19, 2023, stating that Plaintiff “intends to lodge” the redacted portions of the Amended Complaint with the court.  However, the court has not received a lodged copy of the unredacted Amended Complaint.  Thus, it does not appear that Plaintiff has lodged the Amended Complaint conditionally under seal with court. 

A “party requesting that a record be filed under seal must lodge it with the court under [subdivision] (d) when the motion or application is made, unless good cause exists for not lodging it or the record has previously been lodged under [subdivision] (3)(A)(i).”  (Cal. Rules of Ct., rule 2.551, subd. (b)(4).)  Plaintiff has not shown that there is good cause not to lodge the unredacted version of the Amended Complaint, and it does not appear that the Amended Complaint has been previously lodged.

The court therefore finds that Plaintiff has not complied with California Rules of Court, rule 2.551 and denies Plaintiff’s motion to seal, without prejudice to Plaintiff’s filing a new motion or application that fully complies with rule 2.551.

ORDER

The court denies plaintiff Forex Express Corp., d/b/a Wirecash’s motion to seal 20 paragraphs of amended complaint without prejudice.

The court orders defendant Eliran Grushkowsky to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 16, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court