MICHAEL VIGIL VS. CLOUDFLARE, INC. ET AL

Matter on the Law & Motion/Discovery Calendar for Friday, June 13, 2025, line 9, DEFENDANT'S MOTION TO SEAL THE COMPLAINT (tentative ruling part 1 of 2)

The motion to seal those portions of the complaint in this matter set out in the chart at pages 3-4 of the Defendant's supplemental points and authorities is granted. The court concludes that the complaint in this case is "submitted as a basis for adjudication." (Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 104.)

The circumstances in Mercury Interactive, where the court considered exhibits attached to a complaint and the procedural posture was highly unusual, are not present here. A complaint generally is submitted as a basis for adjudication: it frames the issues for summary judgment and trial. Thus, the court applies Rules 2.550 and 2.551 of the Rules of Court.

Over opposition, the court concludes that Defendant has met its burden of proof of showing that the discrete redactions it seeks are necessary to vindicate its financial privacy rights and those of third parties. Most of the redactions Defendant seeks is for financial information. Plaintiff's argument to the contrary is essentially that the amounts could be approximated from careful inference from public information. The court finds this unpersuasive; in the modern age many facts that individuals and entities hold private could be reconstructed with the use of publicly available information. The court further concludes that Defendant has not waived its privacy rights as to these materials.

The court 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.

Defendant shall provide a redacted version of the Complaint to the clerk of this court to be publicly filed as the complaint by June 18, 2025. The clerk is directed to seal the version of the Complaint that presently appears in the Register of Actions. (end of tenatative ruling part 1 see part 2) = (302/CVA) | |