Judge: Robert B. Broadbelt, Case: 23STCV13211, Date: 2024-03-14 Tentative Ruling

Case Number: 23STCV13211    Hearing Date: March 14, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Shabi Cohen

RESPONDING PARTY:       Unopposed

Motion to Seal

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiff Shabi Cohen (“Plaintiff”) moves the court for an order sealing (1) the Complaint filed by Plaintiff on June 8, 2023, and (2) portions of the First Amended Complaint filed by Plaintiff on February 8, 2024.  Specifically, Plaintiff requests that the court seal (1) the original complaint in its entirety; (2) portions of paragraphs 12-17, 19-28, 31-33, 35-38, 40, and 42-43 of the First Amended Complaint, as shown on the redacted First Amended Complaint filed on February 8, 2024; (3) portions of paragraphs 2, 4, 6, and 8 of the prayer in the First Amended Complaint, as shown on the redacted First Amended Complaint filed on February 8, 2024; and (4) exhibit A to the First Amended Complaint in its entirety.  (Redacted FAC filed February 8, 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).)¿¿ 

First, the court finds that Plaintiff has not met his burden to show (1) that there exists an overriding interest that overcomes the right of public access to the entire original complaint filed on June 8, 2023, and (2) that the proposal to seal the entire original complaint filed on June 8, 2023 is narrowly tailored.  (Cal. Rules of Ct., rule 2.550, subds. (d)(1), (d)(4).)  The court therefore denies Plaintiff’s motion to seal the original Complaint, without prejudice to Plaintiff’s filing a motion to seal portions of the Complaint that is narrowly tailored.

Second, the court finds that Plaintiff has met his burden to show, as to the portions of paragraphs 12-17, 19-28, 31-33, 35-38, 40, and 42-43, the portions of paragraphs 2, 4, 6, and 8 of the prayer, and exhibit A of the First Amended Complaint, as described above, that (1) there exists an overriding interest that overcomes the right of public access to those records because those portions of the First Amended Complaint include or refer to information set forth in a settlement agreement that has a confidentiality provision; (2) the overriding interest supports sealing the record so that the settlement agreement remains confidential and to ensure that Plaintiff does not commit a material breach thereof; (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 Ct., rule 2.550, subd. (d); Lubin Decl., ¶¶ 3-5.)  The court therefore grants Plaintiff’s motion as to those portions of the First Amended Complaint. 

ORDER

The court grants in part plaintiff Shabi Cohen’s motion to seal as follows.

The court orders that the unredacted version of plaintiff Shabi Cohen’s Complaint, filed on June 8, 2023, shall not be filed under seal.       

The court orders that the unredacted version of plaintiff Shabi Cohen’s “First Amended Complaint,” lodged with the court on or about February 8, 2024, shall be filed under seal.

Pursuant to California Rules of Court, rule 2.551, subdivision (e), the court directs the clerk to file this order, maintain the records ordered sealed in a secure manner, and clearly identify the records as sealed by this order.¿¿¿¿ 

            The court orders plaintiff Shabi Cohen to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 14, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court