Judge: Loren G. Freestone, Case: 37-2022-00016606-CU-MM-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2022-00016606-CU-MM-CTL DALY VS ALAVI MD [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendants Sassan Alavi MD, Sassan Alavi MD Inc.'s unopposed motion to seal is GRANTED.

Alavi moves to seal brief references in his motion for summary judgment to sensitive pieces of Plaintiff Jayme Daly's 'reproductive medical history.' Such information strikes at the core of the right of privacy.

(See American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307, 332–333; County of Los Angeles v. Superior Court (2021) 65 Cal.App.5th 621, 641.) The court finds that: (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).) The motion to seal is therefore granted. ROA #48 (points and authorities) and 49 (separate statement) are ordered sealed.

Within 5 days, Alavi shall file redacted copies of the sealed documents. Redactions shall only be made to the two pieces of medical history at issue (i.e., those on page 2, lines 25–26 of the points and authorities, and page 3, lines 2–3 of the separate statement). The cover page of the documents must state 'Public – Redacts material from sealed record'.

The court also orders that the lodged unredacted copy of the memorandum in support of the motion to seal be filed under seal.

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