 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hurvitz v. Hoefflin11/20/2000
on the merits and the possibility of irreparable injury. In this case, as appellant points out, respondents did not even attempt to comply with the requirements for obtaining a preliminary injunction, including demonstrating likelihood of success on the merits and the possibility of irreparable injury, or posting a bond. Indeed, as there is no claim for tortious invasion of privacy before the court, it is difficult for us to imagine how respondents would even begin to meet those requirements. Therefore, Michaels does not provide authority for the trial court's order in this case.
IV. THE TRIAL COURT'S SEALING ORDER IS ALSO UNJUSTIFIED.
In light of our conclusion the trial court's order restricting dissemination of the Confidential Information does not withstand constitutional scrutiny, we also must vacate the trial court's order sealing the former employees' declaration. "Court records are public records, available to the public in general, including news reporters, unless a specific exception makes specific records nonpublic." No such specific exception applies in this case because, as we have seen, there is no overriding public interest to justify restrictions on the dissemination of Confidential Information obtained outside of the discovery process. Moreover, as discussed above, the former employees' declaration was part of the public record for one day, during which time it was widely reported in the media, and it makes little sense to seal information after the fact.
DISPOSITION
The order is reversed to the extent it applies to information obtained independently of discovery. To the extent it applies to information obtained through discovery, it is affirmed. The order sealing the records in the trial court is vacated, and the record on appeal is also ordered unsealed. All parties to bear their own costs on appeal.
CERTIFIED FOR PUBLICATION
We concur:
WOODS, J.
NEAL, J.
Page 1 2 3 4 5 6 7 8 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|