Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction: California (state)
Effective Date: 2014-01-23
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

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       In addition, the proposed order, which the court adopted in its entirety, went far
beyond restricting disclosure of those documents in advance of trial. (See NBC
Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1209; fn. 25
["Numerous reviewing courts . . . have found a First Amendment right of access to civil
litigation documents filed in court as a basis for adjudication. [Citations.] By contrast,
decisions have held that the First Amendment does not compel public access to discovery
materials that are neither used at trial nor submitted as a basis for adjudication.
[Citations.]"]; Seattle Times Co. v. Rhinehart (1984) 467 U.S. 20, 33 [104 S.Ct. 2199]
["restraints placed on discovered, but not yet admitted, information are not a restriction
on a traditionally public source of information"]; see also Cal. Rules of Court, rule
2.550(d) [court may not order record to be filed under seal if an overriding interest does
not overcome the right of public access to the record].) Good cause was not shown for
issuance of the sweeping protective order and we find that its issuance was an abuse of
discretion.
                                       DISPOSITION
       The judgment and the trial court's order granting respondent AHMSI's motion for
a protective order is reversed. Appellants are entitled to costs on appeal.

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