Kirk

facts already known or available to the public”].) Kirk and Marshall, who challenge the validity of the confidentiality provisions in the settlement agreement, said they only filed the material under seal because they did not want the executives to accuse them of violating the settlement agreement and the preliminary injunction. For their part, the executives first contended, incorrectly, if the superior court’s order was not appealable, we would lack jurisdiction to decide whether documents in the appellate record should remain sealed. (See H.B. Fuller Co. v. Does, supra, 151 Cal.App.4th at p. 889 [“[t]his court is master of its own files”].) The executives next argued the contractual provision to keep the names of the parties and the terms of the agreement secret overrode the right of public access. (See Cal. Rules of

FACTUAL AND PROCEDURAL BACKGROUND

1. The Confidential Settlement Agreement Following two days of mediation in August 2017 Kirk, Joshua Newton (using the pseudonym Matthew Waller) and the executives entered into a confidential settlement agreement and mutual release that fully resolved (with no admission of wrongdoing) Kirk’s claims of sexual harassment,…