Case Number: EC060634    Hearing Date: September 12, 2014    Dept: NCD

TENTATIVE RULING (9-12-14)
#7
EC 060634
WELLS FARGO BANK v. ZARRABI

Defendant Jacob Zarrabi’s Motion for Order Striking Documents, Order Sealing Documents, TPO Enjoining Further Disclosure of Social Security Number and Other Personal Identifying Information, Order Directing Plaintiff’s Counsel to Provide Assessment of Dissemination and Damage and for Sanctions

TENTATIVE:
The court notes that it previously granted the ex parte application with respect to the sealing of Exhibit 1 to the Complaint and Exhibits 1-5 to the First Amended Complaint, pending a motion hearing.

To the extent that necessary redactions have not already been made, plaintiff is ordered to file with the court a Second Amended Complaint which attaches copies of the subject exhibits from which all items expressly proscribed by CRC Rule 1.20 have been redacted. (See discussion below.)

Defendant’s request for an order enjoining further disclosure of confidential information will be taken under submission, after the court hears arguments at the motion hearing concerning whether there is any risk of further dissemination of such matters.

Defendant’s request for sanctions is DENIED. It appears that the redactions here were made in compliance with CRC 1.20. The redacted document was filed with the original pleading on April 10, 2013, and no objection was interposed until about sixteen months later, on September 4, 2014. Again, it appears that no proscribed confidential information regarding Jacob Zarrabi was disclosed. The information disclosed related to the dba, NuPrint, i.e., its tax identification number, and that disclosure is not apparently proscribed by Rule 1.20.

BACKGROUND:
Moving Party: Defendant Jacob Zarrabi
Responding Party: Defendant Wells Fargo Bank

RELIEF REQUESTED:
1) Order Striking Documents
2) Order Sealing Documents
3) TPO Enjoining Further Disclosure of Social Security Number and Other Personal Identifying Information
4) Order Directing Plaintiff’s Counsel to Provide Assessment of Dissemination and Damage and
5) Sanctions

SUMMARY OF FACTS:
Plaintiff Wells Fargo brings this action to collect sums allegedly due on a business credit card account by defendant Jacob Zarrabi, an individual dba Nu Print & Stationary. It is also alleged that Jacob Zarrabi, as an individual, executed a personal guaranty of the credit card application. The complaint alleges that the principal sum of $90,272.75, plus interest, is due from defendant.

Defendant Zarrabi has filed a cross-complaint against Wells Fargo, alleging that in June of 2011, cross-defendant sent a letter to Zarrabi falsely representing that it had transferred the sum of $6,901.88 from a joint checking account ending in 4346 to another Wells Fargo account ending in 6860 at the telephonic request of Zarrabi’s wife, when no such request had been made.

ANALYSIS:
The court at the ex parte hearing on this matter sealed the exhibits to the complaint and FAC, which allegedly contained the social security number of defendant Zarrabi, the tax payer identification number of defendant Nu Print & Graphics, Inc., as well as Zarrabi’s address and date of birth.

Under CRC Rule 1.20:
“(b) Protection of privacy

(1) Scope The requirements of this subdivision that parties or their attorneys must not include, or must redact, certain identifiers from documents or records filed with the court do not apply to documents or records that by court order or operation of law are filed in their entirety either confidentially or under seal.

(2) Exclusion or redaction of identifiers To protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court’s public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court:

(A) Social security numbers. If an individual’s social security number is required in a
pleading or other paper filed in the public file, only the last four digits of that number
may be used.

(B) Financial account numbers. If financial account numbers are required in a pleading
or other paper filed in the public file, only the last four digits of these numbers may be used.

Again, if additional redactions are necessary, that will be done.

Finally, on September 10, 2014 at the end of the afternoon, the Court received a Stipulation and proposed Order regarding the sealing of documents herein. That will be taken up at the motion hearing on September 12, 2014.