Judge: Elaine Lu, Case: 20STCV33460, Date: 2023-02-23 Tentative Ruling





1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing.  Include the word "SUBMISSION" in all caps in the
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the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.




2. 
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.




3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING.  The Court will not read or
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4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS.  Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.




 






Case Number: 20STCV33460    Hearing Date: February 23, 2023    Dept: 26

2/23/23:

Plaintiffs have filed two motions to seal evidence that they have filed in opposition to Defendant’s motion for summary judgment with one motion set for hearing on February 23, 2023 and the other motion set for hearing on June 7, 2023. 

 

Notably, Defendant’s motion for summary judgment is set for hearing on May 12, 2023 --- before the June 7, 2023 hearing. 

 

Plaintiffs should be prepared to explain at the February 23, 2023 hearing why they have separated their request to seal documents filed in connection with one opposition to a summary judgment motion into two separate motions to be heard on two different dates.

 

In any event, the February 23, 2023 hearing must be continued because the Court is not in receipt of the unredacted version of all documents that Plaintiffs wish for the Court to file under seal.

 

In ruling on any motion to seal, the Court must consider whether:  (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.  (California Rules of Court, Rule 2.550(d).)  The “court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.”  (CRC 2.551(a) [italics added].)

 

 

As the Court is not in possession of the unredacted version of the documents to be sealed, the Court is unable to ascertain whether the proposed redactions and sealing are narrowly tailored.  For each of the two pending motions to seal, Plaintiffs are ordered to conditionally lodge with Department 26 an unredacted copy of all documents that Plaintiff proposes to seal.  Plaintiffs must conditionally lodge the unredacted documents at issue for both motions to seal no later than 12 noon on March 8, 2023.

 

In addition, the Court hereby consolidates both motions to seal for hearing on the same date – April 24, 2023.  On the Court’s own motion, Plaintiffs’ motion to seal filed on August 8, 2022 and initially set for hearing on February 23, 2023 is continued to be heard on April 24, 2023 at 8:30 am.

 

On the Court’s own motion, Plaintiffs’ motion to seal filed on October 14, 2022 and initially set for hearing on June 7, 2023 is advanced to be heard on April 24, 2023 at 8:30 am.

 

The continuance of the February 23, 2023 hearing will also provide Plaintiffs additional time to review their proposed redactions for both motions.  As noted above, [t]he “court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.”  (CRC 2.551(a) [italics added].)  Thus, the lack of any opposition is inapposite.  The Court encourages Plaintiffs to carefully review all their proposed redactions to ensure that each redaction is narrowly tailored because if the redactions are not narrowly tailored, this would be grounds for denying Plaintiffs’ motion.  If on further review, Plaintiffs wish to file amended moving papers that include more narrowly tailored redactions, Plaintiffs must file and serve those amended moving papers that include more narrowly tailored redactions no later than 12 noon on March 8, 2023.

 

Any opposition and reply papers must be timely filed and served for this motion per CCP section 1005(b).

 

Plaintiff is to give notice to all other parties and file prof of service of such within 5 days.