Judge: Robert B. Broadbelt, Case: 24STCV30286, Date: 2025-01-28 Tentative Ruling

Case Number: 24STCV30286    Hearing Date: January 28, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Plaintiffs Einride AB, Einride US Inc., and Einride Inc.                       

RESPONDING PARTY:       Unopposed

Motion to Seal Portions of Complaint

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

DISCUSSION

Plaintiffs Einride AB, Einride US Inc., and Einride Inc. (“Plaintiffs”) move the court for an order sealing the following content set forth in the Complaint: (1) page 2, lines 17 and 18;   (2) page 3, lines 5, 22, 23, and 24; (3) page 5, lines 24-27; (4) page 7, line 3; (4) page 8, lines 7, 8, 9, 11, and 14-16; (5) page 9, lines 5, 6, 7, 10, 11, 17, 19, and 24-28; (6) page 10, lines 1-2, 5-16, 22-23, and 24-28; (7) page 11, lines 1, 2, 3, 5-7, 8-12, and 19-22; (8) page 12, lines 1, 2, 4, 6, 7, 9-11, 13-15, 16-17, and 18-21; (9) page 13, lines 2, 4, 5, 6, 9, 10, 15, 22, and 24; (10) page 14, line 26; (11) page 15, lines 4, 23, and 26-28; (12) page 16, lines 1-5, 6-7, 7-8, and 10-19;        (13) page 17, line 16; (14) page 18, lines 2-4, 8, and 22-23; (15) page 20, lines 7-11, 23, 24, 25, and 26; (16) page 21, lines 1, 2, 25, 27, and 28; (17) page 22, lines 2, 3, 4, 5, and 6; (18) page 23, lines 6-7, 9, 14, 17; (19) page 25, lines 4, 5, 6, 8, 14-17, 18, and 20-21; (20) page 26, line 27; (21) page 27, line 26; and (22) exhibits 1-6 attached to the Complaint, in their entirety.

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).)¿ “[T]he party seeking to seal documents, or maintain them under seal, must come forward with a specific enumeration of the facts sought to be withheld and specific reasons for withholding them.”  (HB Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.)

The court finds that Plaintiffs have met their burden to show that (1) there exists an overriding interest that overcomes the right of public access to exhibits 1-6 and the portions of the Complaint that quote from those exhibits because they (i) include information from the contracts entered into by and between Plaintiffs and defendant Maersk, A/S that is confidential, including Plaintiffs’ confidential pricing, the disclosure of which could harm Plaintiffs since   (A) their customers could use this information to demand greater concessions from Plaintiffs irrespective of the customers’ individual circumstances, or (B) their competitors could use this information to gain an unfair advantage over Plaintiffs in their own negotiations with customers (e.g., by offering the same vehicle specifications at a lower price or using Plaintiffs’ projected revenues to gain insight into their customer strategies or business plans), or (ii) disclose certain of Plaintiffs’ confidential financial information; (2) this 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 since Plaintiffs move to seal only the subject contracts and the portions of the Complaint that quote therefrom; and (5) no less restrictive means exist to achieve the overriding interest.  (Cal. Rules of Ct., rule 2.550, subd. (d); Charli Decl., ¶¶ 2-3, 5-6.)  The court therefore grants Plaintiffs’ motion.

If any party files pleadings or other documents with the court that set forth the content of the sealed portions of the Complaint, that party should file a motion to seal those pleadings or documents pursuant to California Rules of Court, rules 2.550-2.551.

ORDER

            The court grants plaintiffs Einride AB, Einride US Inc., and Einride Inc.’s motion to seal.

            The court orders that the unredacted version of the “Complaint,” lodged with the court by plaintiffs Einride AB, Einride US Inc., and Einride Inc. on or around December 3, 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 plaintiffs Einride AB, Einride US Inc., and Einride Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 28, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court