HILARY MCKEAN VS. JOHN DOE

Matter on the Law & Motion / Discovery calendar for Wednesday, July 16, 2025, Line 3. DEFENDANT MARK HANSON's Motion To Seal Re: Unredacted Declaration Of Jennifer Fiore Lodged On May 22, 2025.

Defendant's motion to seal is granted in part and denied in part. The motion is granted as to exhibits 2 [discovery letter] and 5 [Hanson deposition] that are attached to the Fiore Declaration filed on May 22, 2025, in opposition to defendant's motion to continue the trial. CRC 2.550(a)(3) provides: "These [sealing] rules do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings. However, the rules do apply to discovery materials that are used at trial or submitted as a basis for adjudication of matters other than discovery motions or proceedings." Here, the adduced exhibits are discovery records and they were not "filed in connection with a motion on a substantive issue" in the case. (Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 100.) The court therefore seals those exhibits.

The motion is denied as to the Fiore declaration itself. To seal that document, the court must find: (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 2.550(d).) Here, defendant does not convincingly demonstrate that sealing the declaration is necessary to preserve his right to a fair trial. A robust voir dire and jury instructions will prevent any alleged prejudice to defendant. Defendant also fails show that his right to privacy overcomes the right of public access.

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