Judge: Jon R. Takasugi, Case: BC707386, Date: 2022-10-06 Tentative Ruling

Case Number: BC707386    Hearing Date: October 6, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Whatley’s motion to seal is GRANTED.

On 5/23/2018, Plaintiff Aetna, Inc (Plaintiff) filed this action. On 5/23/2018, Plaintiff filed a first amended complaint (FAC) against Whatley Kallas, LLP, Whatley Kallas, LLC, and Consumer Watchdog, alleging: (1) equitable indemnity; (2) contribution; and (3) declaratory relief.

            On 3/1/2022, Whatley Kallas, LLP (Whatley) filed a Cross-Complaint (XC) for implied equitable indemnity and declaratory relief against KCC Class Action Services, LLC (KCC), Kurtzman Carson Consultants (KCC), Computershare Communication Services, Inc. (CCS), and Gibson Dunn & Crutcher, Inc (Gibson).

            Now, Whatley Kallas LLP (Defendant) moves to seal portions of its opposition to KCC’s, CCS’s, and Gibson’s demurrers.

Discussion 

            Whatley seeks to seal the following:

From its Objections to Gibson’s Request for Judicial Notice in Support of its Demurrer to WK’s Cross Complaint:

-         Exhibit A, Arbitrator’s Award

-         Page 8, the dollar amounts at lines 10-11

From its Memorandum of Points and Authorities in Opposition to Gibson’s Demurrer to the Cross-Complaint:

-         Page 3, the quote at lines 10-12

-         Page 3, the full sentence at lines 14-15

-         Page 3, the quote at lines 17-18

-         Page 4, the last three words at line 4 through line 6

-         Page 4, the quote at lines 18-20

-         Page 4, the quote at lines 24-25

-         Page 5, the quote at lines 9-12

-         Page 5, the dollar amounts at lines 13, 21-23

-         Page 12, at lines 13-17

From its Memorandum of Points and Authorities in Opposition to KCC’s and CCS’ Demurrer to the Cross-Complaint:

-         Page 4, the last three words at line 12 through line 15

-         Page 4, the quote at lines 21-22

-         Page 5, the dollar amounts at lines 4-6

-         Page 10, the quote at line 28 through page 11 at line 1

From its Objections to Declaration of Bryan Clark:

-         Page 6, the dollar amount at line 11

From its [Proposed] Order re: Objections to Declaration of Bryan Clark:

            -page 6, the dollar amount at line 12

Whatley requests that the Court seal the above-described portions of Whatley’s Oppositions and its Objections because these materials are, discuss, or reflect what Aetna believes to be confidential information.

Given the overriding interest in protecting confidential information, alongside the lack of opposition, the Court is persuaded that the motion should be granted.

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

It is so ordered.

Dated:  October    , 2022

   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. 

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