Judge: Jill Feeney, Case: 20STCV07221, Date: 2023-02-21 Tentative Ruling
Case Number: 20STCV07221 Hearing Date: February 21, 2023 Dept: 30
Department 30, Spring Street Courthouse
February 21, 2023
20STCV07221
Motion to Seal
DECISION
The motion is denied.
Moving party to provide notice.
Background
This is an action for medical malpractice arising from medical treatment that took place in March 2019 and led to the death of Decedent Jeffrey Jacobsen. Plaintiffs Stacie, Camille, Maeve, and Luke Jacobsen filed their Complaint against Khiem P.V. Nguyen, Cardiology Associates Medical Group, Inc., and Anil Kumar Bhandari on February 20, 2020.
Plaintiffs filed the instant motion to file under seal on January 25, 2023.
Summary
Moving Arguments
Plaintiffs seek to file their minors’ compromise petitions under seal on the grounds that the parties agreed the terms of their settlement should be kept confidential and that confidentiality is a material term of the settlement agreement. Additionally, Plaintiffs’ overriding privacy interest overcomes the right of public access to the record.
Opposing Arguments
None.
Legal Standard
Pursuant to California Rules of Court Rule 2.550 the court may seal a record “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.” (Cal. Rules of Court, rule 2.550(d).)
The Court does not find that there exists an overriding interest that overcomes the right of the public to access court records.
