Judge: Yolanda Orozco, Case: 21STCV15500, Date: 2022-10-27 Tentative Ruling

Case Number: 21STCV15500    Hearing Date: October 27, 2022    Dept: 31

PLAINTIFF’S MOTIONS TO SEAL ARE DENIED

Plaintiff Harbor Performance Enhancement Center, LLC (“Plaintiff”) has filed two motions for leave to file documents under seal.  The documents consist of the entirety of Plaintiff’s 2 discovery motions, the separate statement, a declaration, and exhibits.

The Motions purport to be pursuant to California Rule of Court 2.550 and 2.551. However, the Motions fail to comply with the explicit requirement that the only way a sealing order may be issued is if,

“(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.”

Plaintiff does not address these requirements saying only that the union from whom some of these documents were obtained claims that all documents, including presumably Plaintiff’s motions and declaration, contain confidential matter and must be sealed. This is an insufficient showing for the Court to issue a blank sealing order over all filings as requested by Plaintiff.

The Motions to Seal are DENIED.

Plaintiff is to give notice.