Marriage of Parra CA4/1

Good Law
Court of Appeal of CaliforniaOctober 22, 2013D063220California664 words

Opinion

Opinion

Irion, J.

DISCUSSION

The law governing the sealing of records in family law matters is well-established.

"A strong presumption exists in favor of public access to court records in ordinary civil

trials. [Citation.] That is because 'the public has an interest, in all civil cases, in

observing and assessing the performance of its public judicial system, and that interest

The order is appealable as a final determination of a collateral matter. (Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 77.)

3 strongly supports a general right of access in ordinary civil cases.' [Citation.] Since the

First Amendment guarantee of public access to the courts is at stake, family law

departments may close their courtrooms and seal their court records only in limited

circumstances . . . ." (In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575.)

Under the applicable rules, a court must make the following express factual findings as a

prerequisite to sealing court records: "(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…

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