Judge: Michael E. Whitaker, Case: 20SMCV00776, Date: 2024-02-05 Tentative Ruling

Case Number: 20SMCV00776    Hearing Date: March 28, 2024    Dept: 207

TENTATIVE RULING

MOTION

            Defendants and Cross-Complainants California Physicians’ Service dba Blue Shield of California and Blue Shield of California Life and Health Insurance Company (“Blue Shield”) moves to seal portions of Exhibits 3, 4, and 35 containing or referencing Blue Shield’s confidential and proprietary payment methodology and fee schedule information with regard to the CPT codes at issue.  Blue Shield’s motion is unopposed. 

LEGAL STANDARD

Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open court” policy undergirded by the First Amendment and favoring the public nature of court proceedings.¿ (Cal. Rules of Court, rule 2.550, subd. (c); see¿NBC Subsidiary (KNBC-TV), Inc. v. Superior Court¿(1999)¿20 Cal.4th 1178, 1199-10.)¿ Consequently, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties; filing under seal requires a court order.¿ (Cal. Rules of Court, rule 2.551(a); see¿H.B. Fuller Co. v. Doe¿(2007) 151 Cal.App.4th 879, 888.)¿

A sealing order must be sought by means of a motion (or application) and accompanied by a memorandum of points and authorities, as well as evidence and testimony containing facts sufficient to justify the mandatory findings required to support a sealing order.¿ (Cal. Rules of Court, rules 2.550(d) & 2.551(b).)¿ The proponent of the sealing order must also conditionally lodge the¿unredacted¿matter to be sealed with the court.¿ (Cal. Rules of Court, rule 2.551(b)(4).)¿

To grant a motion to seal, a trial court must expressly find that: (1) an overriding interest exists that overcomes the right of public access to the record; (2) the overriding interest supports sealing the records; (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).) “If the trial court fails to make the required findings, the order is deficient and cannot support sealing.” (Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471, 487; see also In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1087 [“express findings must be made to seal records”].)

DISCUSSION

            Blue Shield seeks to redact and seal its confidential and proprietary payment methodology and fee schedule information included in Exhibits 3, 4, and 35 that Blue Shield submitted in opposition to Plaintiff, Cross-Defendant, and Defendant Advanced Orthopedic Center, Inc.’s (“AOC”) motion to tax costs. 

            The Court finds that Blue Shield’s overriding interest in protecting its confidential and proprietary payment methodology and fee schedule information overrides the public’s right of access to that information and supports sealing the record.  If this unredacted information is unsealed, Blue Shield’s interest in protecting its confidential and proprietary information will be prejudiced.  Moreover, Blue Shield’s request is narrowly tailored, as the balance of the documents are unsealed. Blue Shield only seeks to seal Exhibit 3, which consists of excerpts of the deposition of Blue Shield’s person most knowledgeable discussing Blue Shield’s payment methodology (which also includes identifying patient information), and to redact and seal only the fee information itself from Exhibits 4 and 35.  There are no less restrictive means to protect Blue Shield’s overriding interest, as Blue Shield has only redacted its payment methodology and fee information from the documents at issue.

CONCLUSION AND ORDER

            Therefore, the Court grants Blue Shield’s unopposed request to redact and seal from the public record its confidential and proprietary payment methodology and fee schedule information from Exhibits 3, 4, and 35 submitted in opposition to AOC’s motion to tax costs. 

            Blue Shield to give notice of the Court’s ruling  and provide proof of service of the same.

DATED:  March 28, 2023                                          ___________________________

                                                                              Michael E. Whitaker

                                                                              Judge of the Superior Court