Judge: Jon R. Takasugi, Case: 22STCV21696, Date: 2023-10-27 Tentative Ruling



Case Number: 22STCV21696    Hearing Date: October 27, 2023    Dept: 17

Superior Court of California

County of Los Angeles

 

DEPARTMENT 17

 

TENTATIVE RULING

 

DANIEL SIMONI, et al.

                          

         vs.

 

STEVE LYNCH

 

 Case No.:  22STCV21696

 

 

 

 Hearing Date:  October 27, 2023

 

Plaintiff’s motion for a protective order is GRANTED.

 

On 7/5/2022, Plaintiffs Daniel Simoni and Marc Wieland (collectively, Plaintiffs) filed suit against Steve Lynch (Defendant) seeking declaratory relief.

 

            Now, Plaintiff Bigg Time Entertainment, Inc. (Plaintiff) moves for a protective order providing that John Doe’s 3 personal identifying information or likeness, including but not limited to a videotape of John Doe’s deposition, (1) not be disclosed to anyone other than the attorneys in this matter, and (2) not be disclosed by the attorneys publicly.

 

Discussion

 

            Plaintiff seeks a protective order on behalf of “John Doe”, an employee of Bigg Time Entertainment, Inc. Plaintiff argues that John Does is entitled to accommodation pursuant to CCP section 2025.420 and California Rules of Court (CRC) rule 1.100.

 

            After reviewing Plaintiff’s unredacted filings, the Court finds good cause exists to grant the protective order. Notably, Plaintiff does not object to: (1) Defendant’s counsel possessing a copy of the video deposition; (2) Defendant viewing the videotaped deposition with counsel; or (3) Plaintiff possessing a copy of the deposition transcript. Rather, the scope of the protective order only provides that Defendant not be allowed to possess his own copy of the videotaped deposition.

 

            In light of Plaintiff’s privacy concerns and medical condition (which were disclosed under seal and thus are not discussed here), and given the evidence presented of harassment and the risk of harassment related to this litigation, the Court finds good cause to grant Plaintiff’s request for a protective order. Importantly, there is no indication that Defendant will suffer any prejudice as a result of this order.  

 

            Based on the foregoing, Plaintiff’s motion for a protective order is granted.

 

It is so ordered.

 

Dated:  October    , 2023

                                                                                                                                                          

   Hon. Jon R. Takasugi
   Judge of the Superior Court

 

 

 

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.