Judge Melvin D. Sandvig, Case 21CHCV00874 2022-10-06 Tentative Ruling

Judge: Melvin D. Sandvig, Case: 21CHCV00874, Date: 2022-10-06 Tentative Ruling

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Case Number: 21CHCV00874 Hearing Date: October 6, 2022 Dept: F47

Dept. F47

Date: 10/6/22

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

NOTICE: ok

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 motion is granted as set forth below.

On 11/17/21, Plaintiff 22125 Roscoe Corp. dba Topanga Terrace Rehabilitation and Subacute (Plaintiff) filed this action against Defendants Hubert Willis and Bobbie Willis (Defendants) for breach of contract and quantum meruit/unjust enrichment. On 12/17/21, Defendants, representing themselves, filed their answer to the complaint.

On 3/17/22, Plaintiff filed the instant motion seeking 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. This motion was originally set for hearing on 8/4/22. On that date, the matter was continued to 9/29/22 due to issues with the proof of service for the motion. (See 8/4/22 Minute Order). Thereafter, the Court continued the hearing to 10/6/22. (See 8/26/22 Notice of Continuance & Order; 9/1/22 Proof of Service). There is now evidence that Defendants were properly served with the motion and notice of hearing date. (See Proof of Service filed 8/10/22; 8/26/22 Notice of Continuance & Order; Proof of Service filed 9/1/22). No opposition has been filed.

Due to the presumption in favor of access to court records, when a party requests that a record be filed under seal, the party must normally make showing 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.” CRC 2.550(b)(1) and 2.550(d); Overstock.com, Inc. (2014) 231 CA4th 471, 483.

However, the “sealed records rule” does not apply to records that are required to be kept confidential. CRC 2.550(a)(2). The medical records at issue are “confidential by law” and are “presumptively private” such that the public’s general right to access to court records recognized by [CRC] 2.550 must give way to the public’s concern about the privacy of medical information.” See Oiye (2012) 211 CA4th 1036, 1068-1070.

Based on the foregoing, the Court orders the portions of Plaintiff’s Motion for Summary Judgment and Memorandum in Support Thereof, Statement of Facts and supporting exhibits which contain Defendant Hubert Willis’ private HIPAA protected medical information, including his medical diagnoses, care received and corresponding charges be sealed.

It is not clear if Plaintiff is seeking to file the entire motion, supporting memorandum, separate statement and supporting exhibits under seal as seemingly indicated in the motion and proposed order or whether Plaintiff seeks to have the redacted version of the motion and supporting documents (as set forth in the document titled “Public-Redacts Materials From Conditionally Sealed Record Regarding Plaintiffs’ Motion for Summary Judgment and Its Exhibits”) as part of the public record (in other words, unsealed) and the unredacted versions of the documents sealed. Therefore, Plaintiff’s counsel must clarify the request at the hearing.

At the hearing, the Court will reschedule the motion for summary judgment. Plaintiff is ordered to resubmit the unredacted motion for summary judgment to the Court along with the order to seal and any redacted version of the motion that is to be made part of the public record within 15 days. Plaintiff is also ordered to timely and properly re-serve Defendants with the motion for summary judgment and supporting documents and notice of the new hearing date and file proof of such service with the Court within 5 days of such service.