Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 889Introduced by Assembly Member Mark StoneFebruary 16, 2017 An act to add Section 1002.5 to the Code of Civil Procedure, relating to secrecy agreements. LEGISLATIVE COUNSEL'S DIGESTAB 889, as amended, Mark Stone. Secrecy agreements: public dangers.Existing law specifies that certain types of confidential or privileged information shall not be introduced as evidence in a court action. Existing law also generally permits the parties to a civil action to include, as a condition to a settlement, a prevision provision requiring that information about the settlement or the underlying dispute be kept confidential.This bill would provide that in an action based upon the existence of a danger to the public health or safety, as defined, information relating to the danger that was discovered during the course of litigation shall not be kept secret pursuant to an agreement of the parties or a court order, except pursuant to a court order based upon independent findings, as specified. This bill would also permit affected persons to contest in court a final order, judgment, or written settlement agreement that violates this prohibition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to better protect Californians from death or substantial injury caused by any danger to the public health or safety, including defective products, products and environmental hazards, and individuals or entities that physically harm others, by creating a presumption against secrecy that protects the openness of information acquired through discovery. This presumption is to apply to settlement and confidentiality agreements, whether or not filed with the court, and to all stipulations for protective orders that would limit the disclosure of information acquired through discovery.SEC. 2. Section 1002.5 is added to the Code of Civil Procedure, to read:1002.5. (a) As used in this section, the following terms have the following meanings:(1)Bodily injury includes psychological trauma resulting from an act, or repetitive acts, of harm.(2)(1) Danger to the public health or safety means an instrumentality, including a device, instrument, substance, person, entity, procedure, or product, or a condition of a device, instrument, substance, person, entity, procedure, or product, a device, instrument, manufactured product, substance, or environmental condition that has caused or is likely to cause repeated significant or substantial bodily injury or death.(3)(2) Independent finding means a finding by the court based solely on the courts review of the law as applied to the facts of the case, and not based in whole or in part on a stipulation of the parties to keep information secret or arguments in support of a stipulation to keep information secret.(4)(3) Personally identifiable information includes the following:(A) The identity of, or personal information about, victims of harm, including children and victims of abuse.(B) Confidential business information, such as the personal addresses of corporate officers or board members. Personal contact information of corporate officers or board members, or information relating to an individuals finances, medical history, health, or similar information.(b) Notwithstanding any other law, in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, an agreement between the parties that restricts the disclosure of information relating to a danger to the public health or safety shall be void as contrary to public policy and shall not be enforced by a court or tribunal, unless the agreement is entered by the court pursuant to paragraph (2) of subdivision (c). This subdivision does not prohibit parties from keeping confidential the settlement amount.(c) (1) Except as provided in paragraph (2), in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, a court shall not enter, by stipulation or otherwise, an order that does any of the following with respect to a danger to the public health or safety:(A) Restricts the disclosure of information relating to about the danger.(B) Approves a settlement agreement that would restrict the disclosure of information about the danger.(C) Restricts access to court records containing information about the danger.(2) A court may enter an order otherwise prohibited by this subdivision if it first makes an independent finding that the order will not restrict the disclosure of information relevant to the protection of public health or safety, or that all of the following criteria are met:(A) The public interest in the disclosure of the information is outweighed by a specific and substantial overriding interest in maintaining the confidentiality of the information or records in question, and the overriding interest supports keeping the information secret. In applying this factor, there shall be a rebuttable presumption that protecting an individuals personally identifiable information relating to financial, health, or other similar information outweighs the need for disclosure.(B) A substantial probability exists that the specific and substantial interest will be substantially prejudiced if the information is not kept secret.(C) The request for an order is no broader than necessary to protect the specific and substantial overriding interest asserted, and the order is narrowly tailored to protect the secrecy only of that information for which an overriding specific and substantial overriding interest exist.(D) A less restrictive means to avoid the substantial prejudice to the specific and substantial overriding interest does not exist.(E) The information is to be kept secret no longer than necessary to meet the requirements of this paragraph.(3)An order entered based pursuant to paragraph (2), other than an order approving a settlement agreement, shall not remain in effect after the entry of final judgment or other final determination, unless at the time of entry the court makes a separate independent finding that the requirements of paragraph (2) continue to exist.(4)(3) A party who is the proponent for the entry of an order under paragraph (2) or (3) has the burden of proof in obtaining the order.(d) This section does not apply to or affect either any of the following:(1) The confidentiality of preagreement negotiations, settlement discussions between mediation participants pursuant to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code, or of evidence protected by Section 1153.5 or 1154 of the Evidence Code.(2) Actions relating to a business dispute, including actions for breach of contract, in which all the parties are business entities.(3) A trade secret, as defined in Section 3426.1 of the Civil Code, that is not related to a danger to the public health or safety.(e) An attorney seeking the dismissal with prejudice of a settled action shall certify, at the time he or she seeks dismissal, that the settlement agreement is not void pursuant to subdivision (b).(e)(f) The State Bar shall investigate allegations that an attorney advocated for, or advised a client to sign, a settlement agreement whose provisions are void pursuant to subdivision (b), and it may discipline an attorney for doing so.(g) This section does not eliminate or supplant existing legal standards governing protective orders, the sealing of court records, or confidential settlements, but, rather, imposes additional requirements that must be independently satisfied.(h) An affected person, including a representative of the news media, may bring an action to contest a final order, judgment, or written settlement agreement that violates this section in the court in which the case was filed.
Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 889Introduced by Assembly Member Mark StoneFebruary 16, 2017 An act to add Section 1002.5 to the Code of Civil Procedure, relating to secrecy agreements. LEGISLATIVE COUNSEL'S DIGESTAB 889, as amended, Mark Stone. Secrecy agreements: public dangers.Existing law specifies that certain types of confidential or privileged information shall not be introduced as evidence in a court action. Existing law also generally permits the parties to a civil action to include, as a condition to a settlement, a prevision provision requiring that information about the settlement or the underlying dispute be kept confidential.This bill would provide that in an action based upon the existence of a danger to the public health or safety, as defined, information relating to the danger that was discovered during the course of litigation shall not be kept secret pursuant to an agreement of the parties or a court order, except pursuant to a court order based upon independent findings, as specified. This bill would also permit affected persons to contest in court a final order, judgment, or written settlement agreement that violates this prohibition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 30, 2017
Amended IN Assembly March 30, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 889
Introduced by Assembly Member Mark StoneFebruary 16, 2017
Introduced by Assembly Member Mark Stone
February 16, 2017
An act to add Section 1002.5 to the Code of Civil Procedure, relating to secrecy agreements.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 889, as amended, Mark Stone. Secrecy agreements: public dangers.
Existing law specifies that certain types of confidential or privileged information shall not be introduced as evidence in a court action. Existing law also generally permits the parties to a civil action to include, as a condition to a settlement, a prevision provision requiring that information about the settlement or the underlying dispute be kept confidential.This bill would provide that in an action based upon the existence of a danger to the public health or safety, as defined, information relating to the danger that was discovered during the course of litigation shall not be kept secret pursuant to an agreement of the parties or a court order, except pursuant to a court order based upon independent findings, as specified. This bill would also permit affected persons to contest in court a final order, judgment, or written settlement agreement that violates this prohibition.
Existing law specifies that certain types of confidential or privileged information shall not be introduced as evidence in a court action. Existing law also generally permits the parties to a civil action to include, as a condition to a settlement, a prevision provision requiring that information about the settlement or the underlying dispute be kept confidential.
This bill would provide that in an action based upon the existence of a danger to the public health or safety, as defined, information relating to the danger that was discovered during the course of litigation shall not be kept secret pursuant to an agreement of the parties or a court order, except pursuant to a court order based upon independent findings, as specified. This bill would also permit affected persons to contest in court a final order, judgment, or written settlement agreement that violates this prohibition.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to better protect Californians from death or substantial injury caused by any danger to the public health or safety, including defective products, products and environmental hazards, and individuals or entities that physically harm others, by creating a presumption against secrecy that protects the openness of information acquired through discovery. This presumption is to apply to settlement and confidentiality agreements, whether or not filed with the court, and to all stipulations for protective orders that would limit the disclosure of information acquired through discovery.SEC. 2. Section 1002.5 is added to the Code of Civil Procedure, to read:1002.5. (a) As used in this section, the following terms have the following meanings:(1)Bodily injury includes psychological trauma resulting from an act, or repetitive acts, of harm.(2)(1) Danger to the public health or safety means an instrumentality, including a device, instrument, substance, person, entity, procedure, or product, or a condition of a device, instrument, substance, person, entity, procedure, or product, a device, instrument, manufactured product, substance, or environmental condition that has caused or is likely to cause repeated significant or substantial bodily injury or death.(3)(2) Independent finding means a finding by the court based solely on the courts review of the law as applied to the facts of the case, and not based in whole or in part on a stipulation of the parties to keep information secret or arguments in support of a stipulation to keep information secret.(4)(3) Personally identifiable information includes the following:(A) The identity of, or personal information about, victims of harm, including children and victims of abuse.(B) Confidential business information, such as the personal addresses of corporate officers or board members. Personal contact information of corporate officers or board members, or information relating to an individuals finances, medical history, health, or similar information.(b) Notwithstanding any other law, in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, an agreement between the parties that restricts the disclosure of information relating to a danger to the public health or safety shall be void as contrary to public policy and shall not be enforced by a court or tribunal, unless the agreement is entered by the court pursuant to paragraph (2) of subdivision (c). This subdivision does not prohibit parties from keeping confidential the settlement amount.(c) (1) Except as provided in paragraph (2), in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, a court shall not enter, by stipulation or otherwise, an order that does any of the following with respect to a danger to the public health or safety:(A) Restricts the disclosure of information relating to about the danger.(B) Approves a settlement agreement that would restrict the disclosure of information about the danger.(C) Restricts access to court records containing information about the danger.(2) A court may enter an order otherwise prohibited by this subdivision if it first makes an independent finding that the order will not restrict the disclosure of information relevant to the protection of public health or safety, or that all of the following criteria are met:(A) The public interest in the disclosure of the information is outweighed by a specific and substantial overriding interest in maintaining the confidentiality of the information or records in question, and the overriding interest supports keeping the information secret. In applying this factor, there shall be a rebuttable presumption that protecting an individuals personally identifiable information relating to financial, health, or other similar information outweighs the need for disclosure.(B) A substantial probability exists that the specific and substantial interest will be substantially prejudiced if the information is not kept secret.(C) The request for an order is no broader than necessary to protect the specific and substantial overriding interest asserted, and the order is narrowly tailored to protect the secrecy only of that information for which an overriding specific and substantial overriding interest exist.(D) A less restrictive means to avoid the substantial prejudice to the specific and substantial overriding interest does not exist.(E) The information is to be kept secret no longer than necessary to meet the requirements of this paragraph.(3)An order entered based pursuant to paragraph (2), other than an order approving a settlement agreement, shall not remain in effect after the entry of final judgment or other final determination, unless at the time of entry the court makes a separate independent finding that the requirements of paragraph (2) continue to exist.(4)(3) A party who is the proponent for the entry of an order under paragraph (2) or (3) has the burden of proof in obtaining the order.(d) This section does not apply to or affect either any of the following:(1) The confidentiality of preagreement negotiations, settlement discussions between mediation participants pursuant to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code, or of evidence protected by Section 1153.5 or 1154 of the Evidence Code.(2) Actions relating to a business dispute, including actions for breach of contract, in which all the parties are business entities.(3) A trade secret, as defined in Section 3426.1 of the Civil Code, that is not related to a danger to the public health or safety.(e) An attorney seeking the dismissal with prejudice of a settled action shall certify, at the time he or she seeks dismissal, that the settlement agreement is not void pursuant to subdivision (b).(e)(f) The State Bar shall investigate allegations that an attorney advocated for, or advised a client to sign, a settlement agreement whose provisions are void pursuant to subdivision (b), and it may discipline an attorney for doing so.(g) This section does not eliminate or supplant existing legal standards governing protective orders, the sealing of court records, or confidential settlements, but, rather, imposes additional requirements that must be independently satisfied.(h) An affected person, including a representative of the news media, may bring an action to contest a final order, judgment, or written settlement agreement that violates this section in the court in which the case was filed.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature to better protect Californians from death or substantial injury caused by any danger to the public health or safety, including defective products, products and environmental hazards, and individuals or entities that physically harm others, by creating a presumption against secrecy that protects the openness of information acquired through discovery. This presumption is to apply to settlement and confidentiality agreements, whether or not filed with the court, and to all stipulations for protective orders that would limit the disclosure of information acquired through discovery.
SECTION 1. It is the intent of the Legislature to better protect Californians from death or substantial injury caused by any danger to the public health or safety, including defective products, products and environmental hazards, and individuals or entities that physically harm others, by creating a presumption against secrecy that protects the openness of information acquired through discovery. This presumption is to apply to settlement and confidentiality agreements, whether or not filed with the court, and to all stipulations for protective orders that would limit the disclosure of information acquired through discovery.
SECTION 1. It is the intent of the Legislature to better protect Californians from death or substantial injury caused by any danger to the public health or safety, including defective products, products and environmental hazards, and individuals or entities that physically harm others, by creating a presumption against secrecy that protects the openness of information acquired through discovery. This presumption is to apply to settlement and confidentiality agreements, whether or not filed with the court, and to all stipulations for protective orders that would limit the disclosure of information acquired through discovery.
### SECTION 1.
SEC. 2. Section 1002.5 is added to the Code of Civil Procedure, to read:1002.5. (a) As used in this section, the following terms have the following meanings:(1)Bodily injury includes psychological trauma resulting from an act, or repetitive acts, of harm.(2)(1) Danger to the public health or safety means an instrumentality, including a device, instrument, substance, person, entity, procedure, or product, or a condition of a device, instrument, substance, person, entity, procedure, or product, a device, instrument, manufactured product, substance, or environmental condition that has caused or is likely to cause repeated significant or substantial bodily injury or death.(3)(2) Independent finding means a finding by the court based solely on the courts review of the law as applied to the facts of the case, and not based in whole or in part on a stipulation of the parties to keep information secret or arguments in support of a stipulation to keep information secret.(4)(3) Personally identifiable information includes the following:(A) The identity of, or personal information about, victims of harm, including children and victims of abuse.(B) Confidential business information, such as the personal addresses of corporate officers or board members. Personal contact information of corporate officers or board members, or information relating to an individuals finances, medical history, health, or similar information.(b) Notwithstanding any other law, in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, an agreement between the parties that restricts the disclosure of information relating to a danger to the public health or safety shall be void as contrary to public policy and shall not be enforced by a court or tribunal, unless the agreement is entered by the court pursuant to paragraph (2) of subdivision (c). This subdivision does not prohibit parties from keeping confidential the settlement amount.(c) (1) Except as provided in paragraph (2), in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, a court shall not enter, by stipulation or otherwise, an order that does any of the following with respect to a danger to the public health or safety:(A) Restricts the disclosure of information relating to about the danger.(B) Approves a settlement agreement that would restrict the disclosure of information about the danger.(C) Restricts access to court records containing information about the danger.(2) A court may enter an order otherwise prohibited by this subdivision if it first makes an independent finding that the order will not restrict the disclosure of information relevant to the protection of public health or safety, or that all of the following criteria are met:(A) The public interest in the disclosure of the information is outweighed by a specific and substantial overriding interest in maintaining the confidentiality of the information or records in question, and the overriding interest supports keeping the information secret. In applying this factor, there shall be a rebuttable presumption that protecting an individuals personally identifiable information relating to financial, health, or other similar information outweighs the need for disclosure.(B) A substantial probability exists that the specific and substantial interest will be substantially prejudiced if the information is not kept secret.(C) The request for an order is no broader than necessary to protect the specific and substantial overriding interest asserted, and the order is narrowly tailored to protect the secrecy only of that information for which an overriding specific and substantial overriding interest exist.(D) A less restrictive means to avoid the substantial prejudice to the specific and substantial overriding interest does not exist.(E) The information is to be kept secret no longer than necessary to meet the requirements of this paragraph.(3)An order entered based pursuant to paragraph (2), other than an order approving a settlement agreement, shall not remain in effect after the entry of final judgment or other final determination, unless at the time of entry the court makes a separate independent finding that the requirements of paragraph (2) continue to exist.(4)(3) A party who is the proponent for the entry of an order under paragraph (2) or (3) has the burden of proof in obtaining the order.(d) This section does not apply to or affect either any of the following:(1) The confidentiality of preagreement negotiations, settlement discussions between mediation participants pursuant to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code, or of evidence protected by Section 1153.5 or 1154 of the Evidence Code.(2) Actions relating to a business dispute, including actions for breach of contract, in which all the parties are business entities.(3) A trade secret, as defined in Section 3426.1 of the Civil Code, that is not related to a danger to the public health or safety.(e) An attorney seeking the dismissal with prejudice of a settled action shall certify, at the time he or she seeks dismissal, that the settlement agreement is not void pursuant to subdivision (b).(e)(f) The State Bar shall investigate allegations that an attorney advocated for, or advised a client to sign, a settlement agreement whose provisions are void pursuant to subdivision (b), and it may discipline an attorney for doing so.(g) This section does not eliminate or supplant existing legal standards governing protective orders, the sealing of court records, or confidential settlements, but, rather, imposes additional requirements that must be independently satisfied.(h) An affected person, including a representative of the news media, may bring an action to contest a final order, judgment, or written settlement agreement that violates this section in the court in which the case was filed.
SEC. 2. Section 1002.5 is added to the Code of Civil Procedure, to read:
### SEC. 2.
1002.5. (a) As used in this section, the following terms have the following meanings:(1)Bodily injury includes psychological trauma resulting from an act, or repetitive acts, of harm.(2)(1) Danger to the public health or safety means an instrumentality, including a device, instrument, substance, person, entity, procedure, or product, or a condition of a device, instrument, substance, person, entity, procedure, or product, a device, instrument, manufactured product, substance, or environmental condition that has caused or is likely to cause repeated significant or substantial bodily injury or death.(3)(2) Independent finding means a finding by the court based solely on the courts review of the law as applied to the facts of the case, and not based in whole or in part on a stipulation of the parties to keep information secret or arguments in support of a stipulation to keep information secret.(4)(3) Personally identifiable information includes the following:(A) The identity of, or personal information about, victims of harm, including children and victims of abuse.(B) Confidential business information, such as the personal addresses of corporate officers or board members. Personal contact information of corporate officers or board members, or information relating to an individuals finances, medical history, health, or similar information.(b) Notwithstanding any other law, in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, an agreement between the parties that restricts the disclosure of information relating to a danger to the public health or safety shall be void as contrary to public policy and shall not be enforced by a court or tribunal, unless the agreement is entered by the court pursuant to paragraph (2) of subdivision (c). This subdivision does not prohibit parties from keeping confidential the settlement amount.(c) (1) Except as provided in paragraph (2), in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, a court shall not enter, by stipulation or otherwise, an order that does any of the following with respect to a danger to the public health or safety:(A) Restricts the disclosure of information relating to about the danger.(B) Approves a settlement agreement that would restrict the disclosure of information about the danger.(C) Restricts access to court records containing information about the danger.(2) A court may enter an order otherwise prohibited by this subdivision if it first makes an independent finding that the order will not restrict the disclosure of information relevant to the protection of public health or safety, or that all of the following criteria are met:(A) The public interest in the disclosure of the information is outweighed by a specific and substantial overriding interest in maintaining the confidentiality of the information or records in question, and the overriding interest supports keeping the information secret. In applying this factor, there shall be a rebuttable presumption that protecting an individuals personally identifiable information relating to financial, health, or other similar information outweighs the need for disclosure.(B) A substantial probability exists that the specific and substantial interest will be substantially prejudiced if the information is not kept secret.(C) The request for an order is no broader than necessary to protect the specific and substantial overriding interest asserted, and the order is narrowly tailored to protect the secrecy only of that information for which an overriding specific and substantial overriding interest exist.(D) A less restrictive means to avoid the substantial prejudice to the specific and substantial overriding interest does not exist.(E) The information is to be kept secret no longer than necessary to meet the requirements of this paragraph.(3)An order entered based pursuant to paragraph (2), other than an order approving a settlement agreement, shall not remain in effect after the entry of final judgment or other final determination, unless at the time of entry the court makes a separate independent finding that the requirements of paragraph (2) continue to exist.(4)(3) A party who is the proponent for the entry of an order under paragraph (2) or (3) has the burden of proof in obtaining the order.(d) This section does not apply to or affect either any of the following:(1) The confidentiality of preagreement negotiations, settlement discussions between mediation participants pursuant to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code, or of evidence protected by Section 1153.5 or 1154 of the Evidence Code.(2) Actions relating to a business dispute, including actions for breach of contract, in which all the parties are business entities.(3) A trade secret, as defined in Section 3426.1 of the Civil Code, that is not related to a danger to the public health or safety.(e) An attorney seeking the dismissal with prejudice of a settled action shall certify, at the time he or she seeks dismissal, that the settlement agreement is not void pursuant to subdivision (b).(e)(f) The State Bar shall investigate allegations that an attorney advocated for, or advised a client to sign, a settlement agreement whose provisions are void pursuant to subdivision (b), and it may discipline an attorney for doing so.(g) This section does not eliminate or supplant existing legal standards governing protective orders, the sealing of court records, or confidential settlements, but, rather, imposes additional requirements that must be independently satisfied.(h) An affected person, including a representative of the news media, may bring an action to contest a final order, judgment, or written settlement agreement that violates this section in the court in which the case was filed.
1002.5. (a) As used in this section, the following terms have the following meanings:(1)Bodily injury includes psychological trauma resulting from an act, or repetitive acts, of harm.(2)(1) Danger to the public health or safety means an instrumentality, including a device, instrument, substance, person, entity, procedure, or product, or a condition of a device, instrument, substance, person, entity, procedure, or product, a device, instrument, manufactured product, substance, or environmental condition that has caused or is likely to cause repeated significant or substantial bodily injury or death.(3)(2) Independent finding means a finding by the court based solely on the courts review of the law as applied to the facts of the case, and not based in whole or in part on a stipulation of the parties to keep information secret or arguments in support of a stipulation to keep information secret.(4)(3) Personally identifiable information includes the following:(A) The identity of, or personal information about, victims of harm, including children and victims of abuse.(B) Confidential business information, such as the personal addresses of corporate officers or board members. Personal contact information of corporate officers or board members, or information relating to an individuals finances, medical history, health, or similar information.(b) Notwithstanding any other law, in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, an agreement between the parties that restricts the disclosure of information relating to a danger to the public health or safety shall be void as contrary to public policy and shall not be enforced by a court or tribunal, unless the agreement is entered by the court pursuant to paragraph (2) of subdivision (c). This subdivision does not prohibit parties from keeping confidential the settlement amount.(c) (1) Except as provided in paragraph (2), in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, a court shall not enter, by stipulation or otherwise, an order that does any of the following with respect to a danger to the public health or safety:(A) Restricts the disclosure of information relating to about the danger.(B) Approves a settlement agreement that would restrict the disclosure of information about the danger.(C) Restricts access to court records containing information about the danger.(2) A court may enter an order otherwise prohibited by this subdivision if it first makes an independent finding that the order will not restrict the disclosure of information relevant to the protection of public health or safety, or that all of the following criteria are met:(A) The public interest in the disclosure of the information is outweighed by a specific and substantial overriding interest in maintaining the confidentiality of the information or records in question, and the overriding interest supports keeping the information secret. In applying this factor, there shall be a rebuttable presumption that protecting an individuals personally identifiable information relating to financial, health, or other similar information outweighs the need for disclosure.(B) A substantial probability exists that the specific and substantial interest will be substantially prejudiced if the information is not kept secret.(C) The request for an order is no broader than necessary to protect the specific and substantial overriding interest asserted, and the order is narrowly tailored to protect the secrecy only of that information for which an overriding specific and substantial overriding interest exist.(D) A less restrictive means to avoid the substantial prejudice to the specific and substantial overriding interest does not exist.(E) The information is to be kept secret no longer than necessary to meet the requirements of this paragraph.(3)An order entered based pursuant to paragraph (2), other than an order approving a settlement agreement, shall not remain in effect after the entry of final judgment or other final determination, unless at the time of entry the court makes a separate independent finding that the requirements of paragraph (2) continue to exist.(4)(3) A party who is the proponent for the entry of an order under paragraph (2) or (3) has the burden of proof in obtaining the order.(d) This section does not apply to or affect either any of the following:(1) The confidentiality of preagreement negotiations, settlement discussions between mediation participants pursuant to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code, or of evidence protected by Section 1153.5 or 1154 of the Evidence Code.(2) Actions relating to a business dispute, including actions for breach of contract, in which all the parties are business entities.(3) A trade secret, as defined in Section 3426.1 of the Civil Code, that is not related to a danger to the public health or safety.(e) An attorney seeking the dismissal with prejudice of a settled action shall certify, at the time he or she seeks dismissal, that the settlement agreement is not void pursuant to subdivision (b).(e)(f) The State Bar shall investigate allegations that an attorney advocated for, or advised a client to sign, a settlement agreement whose provisions are void pursuant to subdivision (b), and it may discipline an attorney for doing so.(g) This section does not eliminate or supplant existing legal standards governing protective orders, the sealing of court records, or confidential settlements, but, rather, imposes additional requirements that must be independently satisfied.(h) An affected person, including a representative of the news media, may bring an action to contest a final order, judgment, or written settlement agreement that violates this section in the court in which the case was filed.
1002.5. (a) As used in this section, the following terms have the following meanings:(1)Bodily injury includes psychological trauma resulting from an act, or repetitive acts, of harm.(2)(1) Danger to the public health or safety means an instrumentality, including a device, instrument, substance, person, entity, procedure, or product, or a condition of a device, instrument, substance, person, entity, procedure, or product, a device, instrument, manufactured product, substance, or environmental condition that has caused or is likely to cause repeated significant or substantial bodily injury or death.(3)(2) Independent finding means a finding by the court based solely on the courts review of the law as applied to the facts of the case, and not based in whole or in part on a stipulation of the parties to keep information secret or arguments in support of a stipulation to keep information secret.(4)(3) Personally identifiable information includes the following:(A) The identity of, or personal information about, victims of harm, including children and victims of abuse.(B) Confidential business information, such as the personal addresses of corporate officers or board members. Personal contact information of corporate officers or board members, or information relating to an individuals finances, medical history, health, or similar information.(b) Notwithstanding any other law, in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, an agreement between the parties that restricts the disclosure of information relating to a danger to the public health or safety shall be void as contrary to public policy and shall not be enforced by a court or tribunal, unless the agreement is entered by the court pursuant to paragraph (2) of subdivision (c). This subdivision does not prohibit parties from keeping confidential the settlement amount.(c) (1) Except as provided in paragraph (2), in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, a court shall not enter, by stipulation or otherwise, an order that does any of the following with respect to a danger to the public health or safety:(A) Restricts the disclosure of information relating to about the danger.(B) Approves a settlement agreement that would restrict the disclosure of information about the danger.(C) Restricts access to court records containing information about the danger.(2) A court may enter an order otherwise prohibited by this subdivision if it first makes an independent finding that the order will not restrict the disclosure of information relevant to the protection of public health or safety, or that all of the following criteria are met:(A) The public interest in the disclosure of the information is outweighed by a specific and substantial overriding interest in maintaining the confidentiality of the information or records in question, and the overriding interest supports keeping the information secret. In applying this factor, there shall be a rebuttable presumption that protecting an individuals personally identifiable information relating to financial, health, or other similar information outweighs the need for disclosure.(B) A substantial probability exists that the specific and substantial interest will be substantially prejudiced if the information is not kept secret.(C) The request for an order is no broader than necessary to protect the specific and substantial overriding interest asserted, and the order is narrowly tailored to protect the secrecy only of that information for which an overriding specific and substantial overriding interest exist.(D) A less restrictive means to avoid the substantial prejudice to the specific and substantial overriding interest does not exist.(E) The information is to be kept secret no longer than necessary to meet the requirements of this paragraph.(3)An order entered based pursuant to paragraph (2), other than an order approving a settlement agreement, shall not remain in effect after the entry of final judgment or other final determination, unless at the time of entry the court makes a separate independent finding that the requirements of paragraph (2) continue to exist.(4)(3) A party who is the proponent for the entry of an order under paragraph (2) or (3) has the burden of proof in obtaining the order.(d) This section does not apply to or affect either any of the following:(1) The confidentiality of preagreement negotiations, settlement discussions between mediation participants pursuant to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code, or of evidence protected by Section 1153.5 or 1154 of the Evidence Code.(2) Actions relating to a business dispute, including actions for breach of contract, in which all the parties are business entities.(3) A trade secret, as defined in Section 3426.1 of the Civil Code, that is not related to a danger to the public health or safety.(e) An attorney seeking the dismissal with prejudice of a settled action shall certify, at the time he or she seeks dismissal, that the settlement agreement is not void pursuant to subdivision (b).(e)(f) The State Bar shall investigate allegations that an attorney advocated for, or advised a client to sign, a settlement agreement whose provisions are void pursuant to subdivision (b), and it may discipline an attorney for doing so.(g) This section does not eliminate or supplant existing legal standards governing protective orders, the sealing of court records, or confidential settlements, but, rather, imposes additional requirements that must be independently satisfied.(h) An affected person, including a representative of the news media, may bring an action to contest a final order, judgment, or written settlement agreement that violates this section in the court in which the case was filed.
1002.5. (a) As used in this section, the following terms have the following meanings:
(1)Bodily injury includes psychological trauma resulting from an act, or repetitive acts, of harm.
(2)
(1) Danger to the public health or safety means an instrumentality, including a device, instrument, substance, person, entity, procedure, or product, or a condition of a device, instrument, substance, person, entity, procedure, or product, a device, instrument, manufactured product, substance, or environmental condition that has caused or is likely to cause repeated significant or substantial bodily injury or death.
(3)
(2) Independent finding means a finding by the court based solely on the courts review of the law as applied to the facts of the case, and not based in whole or in part on a stipulation of the parties to keep information secret or arguments in support of a stipulation to keep information secret.
(4)
(3) Personally identifiable information includes the following:
(A) The identity of, or personal information about, victims of harm, including children and victims of abuse.
(B) Confidential business information, such as the personal addresses of corporate officers or board members. Personal contact information of corporate officers or board members, or information relating to an individuals finances, medical history, health, or similar information.
(b) Notwithstanding any other law, in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, an agreement between the parties that restricts the disclosure of information relating to a danger to the public health or safety shall be void as contrary to public policy and shall not be enforced by a court or tribunal, unless the agreement is entered by the court pursuant to paragraph (2) of subdivision (c). This subdivision does not prohibit parties from keeping confidential the settlement amount.
(c) (1) Except as provided in paragraph (2), in any civil action or administrative proceeding in which the pleadings state facts relevant to allege the existence of a danger to the public health or safety, a court shall not enter, by stipulation or otherwise, an order that does any of the following with respect to a danger to the public health or safety:
(A) Restricts the disclosure of information relating to about the danger.
(B) Approves a settlement agreement that would restrict the disclosure of information about the danger.
(C) Restricts access to court records containing information about the danger.
(2) A court may enter an order otherwise prohibited by this subdivision if it first makes an independent finding that the order will not restrict the disclosure of information relevant to the protection of public health or safety, or that all of the following criteria are met:
(A) The public interest in the disclosure of the information is outweighed by a specific and substantial overriding interest in maintaining the confidentiality of the information or records in question, and the overriding interest supports keeping the information secret. In applying this factor, there shall be a rebuttable presumption that protecting an individuals personally identifiable information relating to financial, health, or other similar information outweighs the need for disclosure.
(B) A substantial probability exists that the specific and substantial interest will be substantially prejudiced if the information is not kept secret.
(C) The request for an order is no broader than necessary to protect the specific and substantial overriding interest asserted, and the order is narrowly tailored to protect the secrecy only of that information for which an overriding specific and substantial overriding interest exist.
(D) A less restrictive means to avoid the substantial prejudice to the specific and substantial overriding interest does not exist.
(E) The information is to be kept secret no longer than necessary to meet the requirements of this paragraph.
(3)An order entered based pursuant to paragraph (2), other than an order approving a settlement agreement, shall not remain in effect after the entry of final judgment or other final determination, unless at the time of entry the court makes a separate independent finding that the requirements of paragraph (2) continue to exist.
(4)
(3) A party who is the proponent for the entry of an order under paragraph (2) or (3) has the burden of proof in obtaining the order.
(d) This section does not apply to or affect either any of the following:
(1) The confidentiality of preagreement negotiations, settlement discussions between mediation participants pursuant to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code, or of evidence protected by Section 1153.5 or 1154 of the Evidence Code.
(2) Actions relating to a business dispute, including actions for breach of contract, in which all the parties are business entities.
(3) A trade secret, as defined in Section 3426.1 of the Civil Code, that is not related to a danger to the public health or safety.
(e) An attorney seeking the dismissal with prejudice of a settled action shall certify, at the time he or she seeks dismissal, that the settlement agreement is not void pursuant to subdivision (b).
(e)
(f) The State Bar shall investigate allegations that an attorney advocated for, or advised a client to sign, a settlement agreement whose provisions are void pursuant to subdivision (b), and it may discipline an attorney for doing so.
(g) This section does not eliminate or supplant existing legal standards governing protective orders, the sealing of court records, or confidential settlements, but, rather, imposes additional requirements that must be independently satisfied.
(h) An affected person, including a representative of the news media, may bring an action to contest a final order, judgment, or written settlement agreement that violates this section in the court in which the case was filed.