DEARY ENTERPRISES, INC. FORMERLY KNOWN AS NOR-CAL BEVERAGE CO., INC. vs BA SPORTS NUTRITION, LLC

25CV003178: DEARY ENTERPRISES, INC. FORMERLY KNOWN AS NOR-CAL BEVERAGE CO., INC. vs BA SPORTS NUTRITION, LLC 03/11/2026 Hearing on Motion - Other to File Records Under Seal in Department 25

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 25 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept25 and the Zoom Meeting ID is 161 1342 1868. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver

25CV003178: DEARY ENTERPRISES, INC. FORMERLY KNOWN AS NOR-CAL BEVERAGE CO., INC. vs BA SPORTS NUTRITION, LLC 03/11/2026 Hearing on Motion - Other to File Records Under Seal in Department 25

and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

Plaintiff Deary Enterprises, Inc.’s (“Plaintiff”) Motion to File Documents under Seal is UNOPPOSED and GRANTED.

This breach of contract case arises out of a business transaction between Defendant and Plaintiff Deary Enterprises, Inc. (“Plaintiff”). Plaintiff alleges that under the terms of the original agreement between the parties, Plaintiff was to produce, package, store, and ship certain products for Defendant. The parties executed several amendments to the agreement “regarding invoicing, production volume, term, fees, and storage, among others.” (Compl., ¶ 10.) The third amended agreement includes a volume of produce commitment, and a shortfall fee. Plaintiff alleges that Defendant failed to meet the volume commitment or pay the shortfall fee of $3,101,311. Plaintiff’s complaint alleges a single cause of action for breach of contract.

Plaintiff seeks to file documents in support of its opposition to Defendant BA Sports Nutrition, LLC’s (“Defendant”) motion for summary judgment and motion to stay discovery. Defendant has not filed any opposition. A party's failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)

Plaintiff argues that the documents it seeks to seal contain confidential and proprietary information which has been designated confidential pursuant to the stipulated protective order entered into by the parties. Plaintiff seeks to seal documents identified as Exhibits A, D, E, F, 3, and 4 in their entirety.

This matter was initially brought ex parte, but was continued to today’s date to permit Plaintiff to file a supplemental brief regarding the necessity of sealing the entirety of Exhibits A, E, and F, as opposed to redacting certain confidential portions. Plaintiff filed this supplemental statement on March 2, 2026. In its supplemental statement, Plaintiff retracted its request to seal Exhibit A, and explained that Exhibits E and F should be sealed in their entirety because these documents were marked confidential by Defendant, and thus Plaintiff seeks to seal the entire documents in an abundance of

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV003178: DEARY ENTERPRISES, INC. FORMERLY KNOWN AS NOR-CAL BEVERAGE CO., INC. vs BA SPORTS NUTRITION, LLC 03/11/2026 Hearing on Motion - Other to File Records Under Seal in Department 25

caution.

In order to issue the requested order, the Court must find that there is an overriding interest to support the sealing of these records; that there is a substantial probability that the parties' interest will be prejudiced absent sealing; that the proposed sealing is narrowly tailored to serve the parties' interest; and that there is no less restrictive means of achieving the overriding interest. (See In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292; Cal. Rules of Court, rule 2.550(d).)

The Court has reviewed the at issue exhibits and finds them to contain confidential or proprietary information. The Court finds that an overriding interest supports sealing these records; that there is a substantial probability that Plaintiff's interest will be prejudiced absent sealing; that the proposed sealing is narrowly tailored; and that there is no less restrictive means of achieving the overriding interest.

Accordingly, Plaintiff's motion to seal is GRANTED. Plaintiff has lodged unredacted versions of Exhibits D, E, F, 3, and 4. These shall remain sealed. As Plaintiff has withdrawn its request to seal Exhibit A, this document shall be unsealed. Plaintiff is directed to file an unredacted version of Exhibit A with the Court.

The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.