Judge: William D. Claster, Case: JCCP5214, Date: 2022-09-30 Tentative Ruling

Defendants Akash Management, LLC and OC Burger Boys LLC, ATJ&B, LLC, and Amir Siddiqi's Notice of Motion and Motion To Seal Declaration of Amir Siddiqi ROA 104

Defendants Akash Management, LLC and OC Burger Boys LLC’s motion to seal is GRANTED.  The clerk is ordered to permanently seal the Siddiqi Declaration, which is temporarily lodged under seal at ROA 107.

A court may order a record to be filed under seal only if it expressly finds facts establishing:

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(d).)

Defendants move to seal the Siddiqi Declaration.  With the exception of testimony about the harm associated with disclosure, the declaration consists entirely of attached tax returns for Defendants and the related company ATJ&B, LLC from 2019 to 2021.  Siddiqi declares that the tax returns have never been produced or disclosed publicly, and that public disclosure could be used by competitors to assess Defendants’ financial health and determine trends in Defendants’ operations.  (Siddiqi Decl., ¶ 10.)

While the general state of Defendants’ finances is made public in the preliminary approval papers, the specifics are not.  The Court finds the financial statements and tax returns implicate Defendants’ right to privacy in their financial affairs in a manner sufficient to support sealing the record.  Should the record not be sealed, that overriding interest would be prejudiced, as Defendants’ competitors would have access to detailed information about their financial condition, in contrast to the general information already in the record.  The sealing sought is narrowly tailored, limited to the specific details of Defendants’ financial condition.  No means other than sealing will permit this private financial information to remain private.  The motion is therefore granted.