Judge: Melvin D. Sandvig, Case: 21CHCV00874, Date: 2022-08-04 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV00874    Hearing Date: August 4, 2022    Dept: F47

Dept. F47

Date: 8/4/22

Case #21CHCV00874

MOTION TO FILE RECORDS UNDER SEAL

Motion filed on 3/17/22.

MOVING PARTY: Plaintiff 22125 Roscoe Corp. dba Topanga Terrace Rehabilitation and Subacute

RESPONDING PARTY: Defendants Hubert and Bobbie Willis

RELIEF REQUESTED: An order sealing Plaintiff’s Motion for Summary Judgment and Memorandum in Support Thereof, Statement of Facts and supporting exhibits because they contain Defendant Hubert Willis’ private HIPAA protected medical information, including his medical diagnoses, care received and corresponding charges.

RULING: The hearing is placed off calendar. 

There is not a proper proof of service for the motion.  The last page of the motion states:

Original mailed this 17^th day of March, 2022.

to:

Mr. and Mrs. Hubert Willis

316 Greenmeadow Avenue

Thousand Oaks, CA 91320

Defendants

There is then a signature of a Jane L. Mead.  (See Motion, p.3:17-21).  No other proof of service for the motion has been filed.  See CRC 3.1300(c) (proof of service must be filed no later than five court days before the hearing date). 

CCP 1013a provides, in relevant part:

Proof of service by mail may be made by one of the following methods:

(1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the mailing occurs, that he or she is over the age of 18 years and not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid.

(2) A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, showing that he or she is an active member of the State Bar of California and is not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid.

(3) An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the mailing occurs, (C) that he or she is over the age of 18 years and not a party to the cause, (D) that he or she is readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service, (E) that the correspondence would be deposited with the United States Postal Service that same day in the ordinary course of business, (F) the name and address of the person served as shown on the envelope, and the date and place of business where the correspondence was placed for deposit in the United States Postal Service, and (G) that the envelope was sealed and placed for collection and mailing on that date following ordinary business practices. Service made pursuant to this paragraph, upon motion of a party served, shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in the affidavit.

Since there is no valid proof of service for the motion and no response/opposition to the motion has been filed to cure the defect, the matter is placed off calendar.

The Court further notes that the motion refers to the declaration of Colleen M. Auer which was purportedly submitted with the motion; however, no such declaration has been filed.  (See Motion, p.2:3-4, p.2:9).