Judge: Kevin C. Brazile, Case: 20STCV15107, Date: 2023-10-24 Tentative Ruling

Hearing Date: February 6, 2024

Case Name: Kaplan v. Gimelstob

Case No.: 19STCV19647

Matter: Motion to Seal

Moving Party: Randall Kaplan and Madison Kaplan

Responding Party: Justin Gimelstob

Notice: OK

Ruling: The Motion to Seal is denied.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an action arising from a fist fight during Halloween trick-or-treating.  Madison and Randall Kaplan now seek to seal the deposition testimony and accompanying records of Randall’s physiatrist, Dr. Winston Alt, which were attached to various discovery briefings in this action.  The Kaplans contend that this testimony pertains to confidential medical information and such information was designated as confidential pursuant to the parties’ protective order. 

Unless confidentiality is required by law, court records are presumed to be open to public review.  (Cal. Rules of Court 2.550(c); see also Cal. Const., art. I, § 3, subd. (b)(1) [“The people have the right of access to information concerning the conduct of the people’s business”].)  “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); see also NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1217-1218.)

The Court finds that the Kaplans failed to establish an overriding interest that would support sealing.  Simply because medical information is private or is subject to a protective order does not mean that a sealing order is justified.  Further, the information at issue is highly relevant and the public should be able to evaluate it in assessing the merit of the Kaplans’ claims and defenses.  Indeed, Dr. Alt indicates that Randall Kaplan plainly stated that he was obsessed with destroying Gimselstob’s life.  It was the Kaplans’ choice to bring legal proceedings accompanied by media publications in which they indicated that Gimelstob greatly impacted their lives.  This is the consequence of bringing such claims.  (See Joseph Conrad (1899) Heart of Darkness [“It was written I should be loyal to the nightmare of my choice.”].)

The Motion to Seal is denied.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.