Case Number: SC122486 Hearing Date: June 18, 2019 Dept: P

TENTATIVE RULING

Case Name: Fantasia Group, LLC v. Kamran Khalil Case No.: SC122486

Motion: Motion to File Unredacted MSJ and Supporting Documents under Seal

Hearing Date: 6/18/2019

Defendants Kamran Khalil, David Khalil and Brendedn Real Estate have filed a motion for summary judgment. They request an order sealing the unredacted motion, the unredacted separate statement, and exhibits 51-54 on the grounds that these materials contain private tax return information. There is no opposition filed.

Analysis

Cal. Rules of Court 2.550(d) allows the public record in a case to be sealed 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 exists to achieve the overriding interest. Courts have decided that taxpayers have an overriding interest in the confidentiality of their tax records. E.g. Cassidy v. Cal. Bd. Of Accountancy (2013) 220 Cal.App.4th 1045, 1063.

Defendants have shown that public exposure of private tax information is substantially probable if the record is not sealed. Further, the exhibits in question were designated “confidential” during discovery and must be filed under seal according to the terms of the parties’ stipulated protective order. The court is amenable to granting the motion as to Exhs. 51-54, but is disinclined to seal the motion and separate statement. It appears the defendants’ legitimate privacy concerns would be addressed by sealing the requested exhibits only. Specific figures would not need to be included in the motion and separate statement. Defendants’ motion is GRANTED as stated above.