Judge: Jon R. Takasugi, Case: 25STCV01014, Date: 2025-06-10 Tentative Ruling

Case Number: 25STCV01014    Hearing Date: June 10, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to seal is GRANTED.

            On 1/15/2025, pro per Plaintiff Amphilous Jackson (Plaintiff) filed suit against the Department of Children and Family Services, tiffany Thomas, Mar Blanco, Miss Williams, and Doreen Porez.

            On 4/28/2025, Defendant Department of Children and Family Services (Defendant) moved to seal Plaintiff’s Complaint.

            The motion is unopposed.

Discussion

            Defendant seeks to seal Plaintiff’s Complaint on the grounds that the records attached to the Complaint are confidential and protected under Welfare and Institutions Code section 827.

Welfare and Institutions Code section 827 provides in pertinent part: “A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving agencies to a person or agency, other than a person or agency authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court, unless it is used in connection with, and in the course of, a criminal investigation or a proceeding brought to declare a person a dependent child or ward of the juvenile court.” (Welf. & Inst. Code § 827, subd. (a) (4).) Further, “[a]n intentional violation of the confidentiality provisions of this section is a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500).” (Welf. & Inst. Code §827.9, subd. (j).)

Here, Plaintiff’s Complaint attaches a juvenile case file without a Court order.

The Order sealing records or pleadings must make the following express factual findings in order to seal records: (1) an overriding interest exists that overcomes the right of public access to the record; (2) the overriding interest supports sealing the records; (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. (CRC, Rule 2.550(d).) These findings embody constitutional requirements for a request to seal court records, protecting the First Amendment right of public access to civil trials. (NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1217-1218.)

After review and consideration of the appropriate factors, the Court finds the Complaint should be ordered sealed.

Based on the foregoing, Defendant’s motion to seal is granted.

It is so ordered.

Dated:  June    , 2025

   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.