Motion to Seal
Plaintiff Jack in the Box Inc.’s motion to seal records is DENIED.
Plaintiff has failed to provide a “specific enumeration of the facts sought to be withheld and specific reasons for withholding them.” (H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.) “ ‘[S]pecificity is essential. [Citation.] Broad allegations of harm, bereft of specific examples or articulated reasoning, are insufficient.’ [Citation.]” (Universal City Studios, Inc. v. Superior Court (2003) 110 Cal.App.4th 1273,1282; McNair v. National Collegiate Athletic Association (2015) 234 Cal.App.4th 25, 35.)
Instead, plaintiff generally requests that the court seal “certain confidential information” from six documents filed on 2/2/26, that purportedly “contain references to confidential competitive financial information....” (ROA No. 38–Mtn. Memo. P&As at p. 3; ROA No. 30 –Tyrell Decl. ¶ 3)
The subject documents total almost 90 pages and it is not the court’s role to compare and contrast each page to determine what information is at issue here. Furthermore, even a cursory comparison of the redacted and unredacted versions of the documents shows that the subject information does not consist of just “confidential competition financial information” (Tyrell Decl. ¶ 3), but includes nonfinancial, nonproprietary, and/or mundane information such as, inter alia, the definitions of “Customer Franchisee” and “Subsidiary”; references to the parties’ Master Consulting Services Agreement, the existence of which is part of the public record; a force majeure clause; and common, run-of-the mill remedies, limitation of liability, and indemnification clauses. (Compare ROA No. 21, with ROA Nos. 39, 43.)
Plaintiff has also failed to state “specific reasons for withholding [the subject information]” or make “ ‘a specific showing of serious injury.’ ” (H.B. Fuller, supra, 151 Cal.App.4th at p. 894 [burden]; Universal, supra, 110 Cal.App.4th at pp. 1281-1282 [moving party must make “ ‘a specific showing of serious injury’ ”]; Cal. Rules of Court, rule 2.551
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Plaintiff’s counsel merely concludes that the portions of the documents that it seeks to seal “contain references to confidential competitive financial information of JIB and [Altametrics]” without any explanation or foundation, other than the fact that the parties have agreed to keep the terms of one of the agreements confidential. (ROA No. 30 –Tyrell Decl. ¶ 3.) There is no overriding interest based on a contractual agreement for confidentiality.