Judge: David A. Hoffer, Case: 30-2022-01299701, Date: 2023-05-22 Tentative Ruling

The plaintiff’s Motion to Seal Certificates of Merit is GRANTED.

CCP §340.1(g) sets forth the requirements for the plaintiff’s submission of Certificates of Merit and §340.1(i) sets forth the procedure for the Court to review the Certificates in camera.  The Certificates set forth the details of attorney client communications, counsel’s mental impressions as well as the evaluation and opinions of plaintiff’s mental health expert.  The Court finds 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.  The Court directs the sealing of the three Certificates of Merit that are attached as Exhibits 1, 2 & 3 to the declaration of Devin Storey.