Wednesday, May 27, 2020

Party Can't Appeal Sealing Order

Six4three v. Facebook, Inc., No. A156095 (May 18, 2020)

Plaintiff in an anti-SLAPP fight filed a declaration in support of its opposition that included hundreds of exhibits that had been designated as confidential under a protective order. After the motion was resolved, the trial court struck from the record a whole bunch of exhibits that were not germane to the motion. It also ordered parts of some exhibits sealed. Plaintiff appeals.
 

The Court of Appeal dismisses the appeal. The striking order is not an appealable order. Any appeal to it would have to be taken up in connection with an appeal of the anti-SLAPP ruling or from a final judgment. And so far as sealing order goes, Plaintiff isn’t aggrieved. Sealing prevents the general public from accessing the documents. But it has no effect on Plaintiff’s rights—plaintiff has copies of the documents already. Since Code of Civil Procedure § 902 limits appeals to a “party aggrieved,” Plaintiff lacks standing to appeal the sealing order.
 

Appeal dismissed.

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