2018-00237967-CL-MC

Forester Purcell Stowell PC vs. Candice Martin

Nature of Proceeding: Application for Order Sealing Record

Filed By: Martin, Candice

Defendant in pro per Candice Martin’s motion to seal portions of certain court records is GRANTED.

Plaintiff has filed a statement of non-opposition.

Defendant seeks an order sealing portions of the Abstract of Judgment – Civil and Small Claims (ROA 19), Memorandum of Costs After Judgment (ROA 20), and Writ of Execution (ROA 18) that indicate Defendant’s confidential home address. Defendant contends she is a participant in the Safe at Home confidentiality program as she is the victim of domestic violence and protection of her home address is necessary to protect the safety of herself and her daughter.

Under California Rules of Court, rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be placed or filed under seal if it expressly finds that:

(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. Rule of Court, Rule 2.550(d).)

The Court finds that Defendant’s rights to privacy in her home address given her participation in the Safe at Home confidential program outweigh the right of public access to the details of her home address. The overriding interest in protecting Defendant’s safety supports sealing the records, a substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, the proposed sealing is narrowly tailored, and no less restrictive means exists to achieve the overriding interest. The proposed order appropriately contains these findings.

The Court will sign the proposed formal order.

The clerk is directed to promptly change the security clearance for the following unredacted documents filed on October 2, 2018, by Plaintiff so that they are no longer viewable by the public.

(1) Writ of Execution (ROA 18)

(2) Abstract of Judgment (ROA 19)
(3) Memorandum of Costs After Judgment (ROA 20)

The Clerk shall replace these documents with the redacted versions attached to the declaration of Defendant filed with the Court on October 26, 2018. (ROA 27.)