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p0464 In deciding whether documents sealed by a trial court should remain under seal in an appellate proceeding, the appellate court is not deciding whether to order the trial court to unseal them and so considers the issue de novo instead of applying an abuse of discretion standard; finding that documents sealed by the trial court could not be kept under seal in the appellate court, the appellate court returned them to counsel with leave to refile them, but not under seal; the decision not to keep documents under seal in the appellate court did not prevent them from being kept under seal in the trial court.CitationHUFFY v SUPERIOR COURT (Sealed Documents) 112 Cal.app.4th 97 [See: CRC 243.1, 243.2, 12.5; Universal v Superior Court 110 Cal.app.4th 1273, P/AT 9/03; NBC Subsidiary v Superior Court 20 C4 1178, T/AT 9/99; In re Providian 96 Cal.app.4th 292, P/AT 3/02; Publicker v Cohen 733 F2 1059]
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