Judge: Daniel M. Crowley, Case: 19STCV30305, Date: 2023-10-26 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff  via the Department's email: SMCdept71@lacourt.org before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by LACourtConnect for all matters.

Case Number: 19STCV30305    Hearing Date: October 26, 2023    Dept: 71

Jennifer Hua v. Western Asset Management, LLC

19STCV31305

The Court denies the application. 

Courtroom proceedings in ordinary civil cases are "presumptively open."  (NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1217.)  Before sealing trial exhibits, a trial court must provide notice to the public of the contemplated closure.  When a motion seeking closure is made in a written filing, adequate notice must be provided by publicly docketing the motion reasonably in advance of a determination thereon. The notice requirement should not impose an onerous or undue burden on trial courts. (Id.)

In addition, before sealing any exhibits, a trial court must hold a hearing and expressly find that

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 that the overriding interest will be prejudiced if the record is not sealed;

4) The proposed sealing is narrowly tailored; and

5) No less restrictive means exist to achieve the overriding interest.

(Cal Rules of Court, Rule 2.550.)

            Defendant has requested the Court seal 83 potential trial exhibits without any individual showing of the factors above.  The Court will not do so.