Judge: Daniel M. Crowley, Case: 21STCV15878, Date: 2022-12-22 Tentative Ruling

Case Number: 21STCV15878    Hearing Date: December 22, 2022    Dept: 28

Motion to Seal

Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.

BACKGROUND

On April 27, 2021, Plaintiff Jane Doe (“Plaintiff”) filed a complaint against Defendants Barry Smolin (hereinafter, “Defendant”)[1] and Los Angeles Unified School District (“LAUSD”). Plaintiff alleges abuse of a minor, intentional infliction of emotional distress, and sexual harassment against Defendant and brings various other claims against LAUSD. The complaint arises from an alleged sexual relationship between Defendant and Plaintiff while Defendant was a teacher at Plaintiff’s high school.

            On August 6, 2021, the parties agreed to a stipulated protective order.

 

            On October 18, 2022, Defendant filed a motion to compel production of Plaintiff’s diaries and journals seeking evidence supporting incidents of emotional distress that were chronicled in Plaintiff’s medical and health records. In support of that motion, Defendant attached the Declaration of Henry L. Whitehead (the “Whitehead Declaration”), Defendant’s counsel, summarizing findings from Defendant’s review of the medical and mental health records.

 

Also on October 18, 2022, in conjunction with the motion to compel and pursuant to California Rule of Court 2.551, Defendant filed a motion to seal the unredacted portion of the Whitehead Declaration along with a proposed order granting the motion and a declaration in support of the motion to seal. On October 19, 2022, Defendant filed a notice of lodging under seal pursuant to CRC 2.551.

On November 22, 2022, the Court granted in part Defendant’s motion to compel.

Trial is set for February 27, 2023.

PARTY’S REQUEST

            Defendant asks the Court to seal the unredacted declaration of Henry Whitehead filed in support of Defendant’s Motion to Compel.

LEGAL STANDARD

California Rules of Court, rule 2.550, subdivision (c) states: “Unless confidentiality is required by law, court records are presumed to be open.” According to CRC, rule 2.551, “a record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” This rule is the embodiment of the Constitutional right of public access to free trials. NBC Subsidiary (KNBC-TV), Inc. v. Sup.Ct. (Locke) (1999) 20 C4th 1178, 1217-1218, 86 CR2d 778, 809.

            However, a court may order that a record be filed under seal if it expressly finds facts that establish: (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(d). California courts are similarly authorized to issue protective orders, for good cause shown, to protect any party or other person from “unwarranted annoyance, embarrassment, or oppression” in connection with civil discovery. CRC 2.550(d); see McGuan v. Endovascular Technologies, Inc. (2010) 182 CA4th 974, 988.

 

DISCUSSION

            Defendant seeks an order sealing the unredacted portion of the Declaration of Henry Whitehead (“Whitehead Declaration”) filed in support of Defendant’s Motion to Compel. Defendant argues Plaintiff’s records, and the summary of those records presented in the Whitehead Declaration, warrant confidential treatment. The Court agrees.

            The portion of the Whitehead Declaration Defendant wishes to seal summarizes findings from Defendant’s review of the medical and mental health records. (Declaration in Support of Motion to Seal, para. 5). These medical and health records contain private and confidential medical and mental health history of Plaintiff. (Declaration in Support of Motion to Seal, para. 6). The parties stipulated that these underlying records are confidential in a protective order. (Declaration in Support of Motion to Seal, para. 3, Exhibit A). Additionally, Defendant does not wish to seal the entire declaration but rather only the portion summarizing Plaintiff’s medical and health history. (Declaration in Support of Motion to Seal, para. 6). Therefore, the requested sealing is narrowly tailored.

            Accordingly, the circumstances favor sealing the unredacted copy of the Whitehead Declaration filed in support of Defendant’s motion to compel.

CONCLUSION

            The motion is GRANTED.

            Defendant is ordered to give notice of this ruling.

            Defendant is ordered to file a proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.


[1] Smolin brings this motion independent of LAUSD.