Judge: Marcella O. Mclaughlin, Case: 37-2023-00011636-CU-NP-CTL, Date: 2023-11-30 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 29, 2023

11/30/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2023-00011636-CU-NP-CTL PORTER VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/17/2023

The unopposed motion to file records under seal is GRANTED.

As an initial matter, the court notes that plaintiffs did not comply with the lodging procedures set forth in CRC 2.551(d).

Turning to the merits, the court deems the lack of opposition to the motion to seal to be a concession as to the merits of the motion. SDSC Local Rule 2.1.19(B). Moreover, plaintiffs have established that the unredacted allegations in paragraphs 129-140 of the Consolidated Class Action Complaint contain confidential and highly sensitive health information. The court finds that this privacy interest overrides the right of public access to the materials such that there is a substantial probability the privacy interest will be prejudiced if the allegations in question are not sealed. The court further finds that the proposed sealing is narrowly tailored, and no less restrictive means exist to achieve the overriding privacy interest.

The court will sign the proposed order (ROA 61) submitted with the moving papers.

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