Judge: Michael E. Whitaker, Case: 20STCV48851, Date: 2023-01-10 Tentative Ruling

Case Number: 20STCV48851    Hearing Date: January 10, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

              Defendant Royal Park Motel LP (Defendant) moves to seal the unredacted Declaration of Jonathan D. Marshall, including the Confidential Settlement Agreement attached as an exhibit thereto, in Support of the Application for Determination of Good Faith Settlement.  Neither Plaintiff Marcos De La Toba (Plaintiff) nor any other party has filed an opposition to the motion.

            Preliminarily the Court notes that on October 31, 2022, the Court denied Defendant’s motion to seal as procedurally defective, based on the fact that Defendant had not complied with California Rules of Court, rule 2.551(b)(4) in lodging the unredacted matter to be sealed with the Court.

            Further the Court noted that Defendant filed on June 22, 2022 with the Court “Defendant’s Exhibits to be filed under seal in support of their Application for Determination of Good Faith Settlement.”  That pleading is currently part of the Court’s docket which is accessible to the public.  Instead, Defendant should have filed a redacted version of the pleadings it requests to have sealed (which it apparently did on June 22, 2022) and should have lodged an unredacted version of the pleadings it requests to have sealed per the California Rules of Court.  The Court suggested Defendant submit a request to the Judicial Assistant in Department 32 in order for the Court to order “Defendant’s Exhibits to be filed under seal in support of their Application for Determination of Good Faith Settlement” removed from the Court’s docket. 

            The Court notes that the unredacted version of Defendant’s Exhibits to be filed under seal in support of their Application for Determination of Good Faith Settlement remains part of the Court’s docket.  Accordingly, the Court denies motion again as procedurally defective.