Judge: Gregory Keosian, Case: 20STCV27757, Date: 2022-08-04 Tentative Ruling

Case Number: 20STCV27757    Hearing Date: August 4, 2022    Dept: 61

Defendant Aetna Life Insurance Co.’s Motion to Seal Documents is GRANTED.

I.                    MOTION TO FILE UNDER SEAL

The court may order that a record be filed under seal only 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.

(California Rules of Court (“CRC”) Rule 2.550, subd. (d).)

A party moving to seal records must make a sufficient evidentiary showing to overcome the presumed right of public access to the documents. (see Huffy Corp. v. Superior Court (“Huffy”) (2003) 112 Cal.App.4th 97, 108.)

Defendant Aetna moves to seal specifically identified health plan documents for the individuals whose treatment is at issue in this case, on the grounds that such documents include private health information protected from disclosure under federal law. (Motion at pp. 1–2; 45 CFR §, 160.103 [“Protected health information”].)

The case of Oiye v. Fox (2012) 211 Cal.App.4^th 1036, is instructive. In that case, the court upheld a sealing order for a plaintiff’s medical records, notwithstanding that the plaintiff had placed their medical records at issue in the case. “We regard medical records as presumptively private, such that plaintiff was not required to state the obvious in a declaration, that she would be personally embarrassed to have her medical records copied into court records. The public, through its courts and legislatures, has recognized that medical records are constitutionally private and statutorily confidential.” (Id. at p. 1070.)

Defendant as therefore shown that an overriding interest supports sealing the records at issue, because a substantial probability exists that the interests of the individuals whose health information these records concern would be prejudiced by disclosure. The sealing is narrowly tailored to the particular records containing this information, and no less restrictive means would adequate serve the interest identified.

The motion to seal is therefore GRANTED.