Judge: Kerry Bensinger, Case: 19STCV10435, Date: 2023-11-06 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 19STCV10435    Hearing Date: November 6, 2023    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     November 6, 2023                             TRIAL DATE:  January 16, 2024

CASE:                         John Musero v. Creative Artists Agency, LLC

CASE NO.:                 19STCV10435

MOTION TO FILE LODGE UNREDACTED

SUMMARY JUDGMENT MOTION UNDER SEAL

MOVING PARTY:               Defendants Creative Artists Agency, LLC, et al.

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            On September 15, 2023, Defendants, Creative Artists Agency, LLC, Andrew Miller, and Leah Yerushalaim, filed their Motion for Summary Judgment with redactions.

            On September 25, 2023, Defendants filed this Motion to File Lodged Unredacted Summary Judgment Briefing Under Seal.  Plaintiff filed a Notice of Non-Opposition.

II.        LEGAL STANDARD

A motion or application to file under seal must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, rule 2.551(b)(1).)  “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.

(Cal. Rules of Court, rule 2.550(d).)

Pursuant to Rule 2.550(e), “[a]n order sealing the record must: (A) Specifically state the facts that support the findings; and (B) Direct the sealing of only those documents and pages, or, if reasonably practicable, portions of those documents and pages, that contain the material that needs to be placed under seal. All other portions of each document or page must be included in the public file.” “Unless confidentiality is required by law, court records are presumed to be open.” (CRC 2.550(c).)

“A request to seal a document must be filed publicly and separately from the object of the request.  It must be supported by a factual declaration or affidavit explaining the particular needs of the case.” (In re Marriage of Lechowick (1998) 65 Cal.App.4th 1406, 1416.) “[A]t a minimum that the party seeking to seal documents, or maintain them under seal, must come forward with a specific enumeration of the facts sought to be withheld and specific reasons for withholding them.”  (H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 894.)

III.      DISCUSSION

The Court will discuss the issues with counsel.  

Dated:   November 6, 2023                                      ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court