Judge: Lisa R. Jaskol, Case: 22STCV33227, Date: 2025-03-26 Tentative Ruling

Case Number: 22STCV33227    Hearing Date: March 26, 2025    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On October 11, 2022, Plaintiffs Daniel Dempsey, Brittany Bonnell, and Autumn Bonnell Dempsey, a minor by and through her guardian ad litem Brittany Bonnell, filed this action against Defendants Tepin Prajuntasen (“Prajuntasen”), Uber Technologies, Inc., Portier, LLC, Rasier, LLC, and Does 1-50 for motor vehicle tort and general negligence. 

On October 14, 2022, the Court appointed Brittany Bonnell to serve as Plaintiff Autumn Bonnell Dempsey’s guardian ad litem. 

On January 17, 2023, Prajuntasen filed an answer. 

On January 31, 2023, Defendants Uber Technologies, Inc. (“Uber”) and “Portier, LLC i/s/h/a as Rasier, LLC” filed an answer. 

On July 15, 2024, Plaintiffs filed a notice of settlement. 

On January 15, 2025, Uber and Rasier, LLC (“Moving Defendants”) filed a motion to seal the settlement amount in the proposed petition to approve minor’s compromise attached to the motion.  The motion was set for hearing on February 11, 2025.  No opposition was filed.  The Court continued the hearing to March 26, 2025. 

PARTY’S REQUEST 

Moving Defendants ask the Court to seal the settlement amount and related figures in Plaintiffs’ proposed petition to approve minor’s compromise. 

LEGAL STANDARD 

Under California Rules of Court, rule 2.550(d), “[t]he 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.”

DISCUSSION

Moving Defendants ask the Court for an order to seal references to the settlement amount and related figures contained in the proposed petition to approve minor’s compromise, which is attached as Exhibit A to the motion.  Moving Defendants contend that the parties negotiated a settlement of minor Plaintiff Autumn Bonnell Dempsey’s claims which depends on an agreement to maintain the confidentiality of the settlement amount. 

In a declaration supporting the motion, Plaintiffs’ counsel states: (1) “I have analyzed the terms of this settlement and based on my knowledge of this case and my experience prosecuting cases such as this, I believe that the settlement reached in this action is fair and is in the best interest of Plaintiff” (Morgan dec. ¶ 8) and (2) “ . . . I believe that if the terms of settlement are not kept confidential, the Settlement itself will be jeopardized and lead to continued litigation, which will prejudice both Plaintiff and Uber” (Morgan dec. ¶ 5). 

The Court has reviewed the motion and finds that (1) there exists an overriding interest that overcomes the right of public access to the settlement amount and related figures, (2) the overriding interest supports sealing the settlement amount and related figures, (3) a substantial probability exists that the overriding interest will be prejudiced if the settlement amount and related figures are not sealed, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exist to achieve the overriding interest.  

The Court therefore grants the motion and orders the settlement amount and related figures contained in the proposed petition to approve minor’s compromise (exh. A) sealed. 

CONCLUSION 

The Court GRANTS the motion of Defendants Uber Technologies, Inc. and Rasier, LLC to file documents under seal.  The Court orders references to the settlement amount and related figures contained in the proposed petition to approve minor’s compromise (exh. A) sealed. 

Moving party is ordered to give notice of this ruling.

Moving party is ordered to file proof of service of this ruling with the Court within five days.