Case Number: KC068904 Hearing Date: December 10, 2019 Dept: J

HEARING DATE: Tuesday, December 10, 2019

NOTICE: OK

RE: Roberson v. Community Bank (KC068904)

______________________________________________________________________________

Plaintiff Matthew Roberson’s MOTION TO SEAL COURT RECORD, OR IN THE

ALTERNATIVE, TO SEAL DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

AND RELATED DOCUMENTS

Responding Party: None (unopposed, as of 12/3/19, 2:57 p.m.; due 11/25/19)

Tentative Ruling

Plaintiff Matthew Roberson’s Motion to Seal Court Record is DENIED. Plaintiff’s

alternative request to seal Defendant’s Motion for Summary Judgment and Related

documents is DENIED.

Background

Plaintiff Matthew Roberson (“Plaintiff”), a Caucasian male, is the former First Vice President—Senior Relationship Manager Team Leader for Defendant Community Bank (“CB”). CB’s Senior Vice President, Wanda Jones (“Jones”), is female and African-American. Plaintiff claims that Jones did not like that Plaintiff was “thriving” within CB and making more money than her and so, with the assistance of a departing colleague, concocted a scheme to terminate his employment based on false claims of sexual harassment. Plaintiff further claims that he was defamed, post-termination, when Jones and other CB managers allegedly informed other banks and Plaintiff’s customers that his employment had been terminated for sexual harassment. On August 23, 2017, Plaintiff filed a Second Amended Complaint, asserting causes of action against CB and Does 1-50 for:

Wrongful Termination in Violation of Public Policy
Violation of Labor Code Section 1050
Intentional Interference with Prospective Economic Advantage
Defamation Per Se
Discrimination in Violation of the California Fair Employment and Housing Act

On July 5, 2018, the court granted CB’s Motion for Summary Judgment. On July 18, 2018, an “Order Granting Defendant’s Motion for Summary Judgment” was filed. On August 8, 2018, judgment was filed. On April 3, 2019, Plaintiff dismissed the entire action, with prejudice.

Legal Standard

California Rules of Court (“CRC”) Rules 2.550 and 2.551 govern records sealed or proposed to be sealed by court order. “Unless confidentiality is required by law, court records are presumed to be open.” (CRC Rule 2.550(c).)

A party requesting that a record be filed under seal must file a motion or application for an order sealing the record. (CRC Rule 2.551(b)(1).) The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. (Ibid.) “A request to seal a document. . . must be supported by a factual declaration or affidavit explaining the particular needs of the case.” (In re Marriage of Lechowick (1998) 65 Cal.App.4th 1406, 1416.)

“The court may order that a record be filed under seal only 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.” (CRC Rule 2.550(d).)

“An order sealing the record must: (A) Specifically state the facts that support the findings; and (B) Direct the sealing of only those documents and pages or, if reasonably practicable, portions of those documents and pages, that contain the material that needs to be placed under seal. All other portions of each document or page must be included in the public file.” (CRC Rule 2.550(e)(1) [emphasis added].)

Discussion

Plaintiff moves the court for an order to seal the entire court file or, in the alternative, for an

order sealing documents related to the Motion for Summary Judgment.

The court finds that Plaintiff has failed to make a sufficient factual showing in support of his

sealing requests; accordingly, the motion is DENIED.

Even if the court were to conclude that an overriding interest existed based on Plaintiff’s right to privacy, Plaintiff has not demonstrated a substantial probability of prejudice if the entirety of the court file or, in the alternative, the documents related to the Motion for Summary Judgment is not sealed. Plaintiff attests, “I am fearful that the public dissemination of the contents of Defendant’s motion will expose me to harm in the form of future employers or other future business associates may review [sic] the allegations made in the motion to be true. As a result, I will lose potential employment and business opportunities. Indeed, I have seen a chilling effect on my ability to locate new employment once I identify the lawsuit to potential employers. . .” (Plaintiff’s Decl., ¶9.) Plaintiff does not provide the court with any further details as to what he refers to as a “chilling effect” on his employment.

Moreover, the proposed sealing of the entirety of the court file or, in the alternative, the sealing

of documents related to the Motion for Summary Judgment is not narrowly tailored. With respect

to the alternative request, Plaintiff has made no attempt to offer redacted public versions of these

documents. Plaintiff, then, has not shown that there are no less restrictive means.