Judge: Michelle C. Kim, Case: 19STCV39154, Date: 2023-04-04 Tentative Ruling

Case Number: 19STCV39154    Hearing Date: April 4, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

The hearing on Defendants’ General Wash, LLC, individually and dba Dapper Dan’s Car Wash, and General Wash Land I, LLC (collectively, “Defendants”) motion for summary judgment is continued to May 19, 2023 at 1:30 p.m. 

In opposition to Defendants’ motion for summary judgment, Plaintiffs Jackson Scott Young, Teri Young, Kelly Gene Koskella, and Tammy Koskella (collectively, “Plaintiffs”) filed a Notice of Lodging Documents Conditionally Under Seal providing that Exhibits 1-3 and 6 were being lodged under seal.  Similarly, Defendants filed a Notice of Lodging Deposition Transcript Conditionally Under Seal.  While the parties filed a stipulation and protective order March 20, 2023, pursuant to California Rules of Court, Rule 2.551(a), a record must not be filed under seal without a court order, even if based on the agreement of the parties.  (H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888-89.)  Neither Plaintiffs nor Defendants filed a motion or application to seal the records lodged with the Court.  The parties must follow the procedure set forth in California Rules of Court, Rule 2.551(b)(3)(A), including given written notice to the party that produced the records that the records and the other documents lodged with the Court will be placed in the public court file unless that party files a timely motion or application to seal the records.  The parties then have ten (10) days from the service of the above notice to file a motion or application to seal the records. 

While Plaintiffs filed the notice of lodging on March 17, 2023, and Defendants filed the notice of lodging March 28, 2023, the notices of lodging do not give the parties notice that the records will be placed in the public court file unless a timely motion to seal is filed.  Rather, from the notice, it could be mistakenly inferred that the records would automatically be sealed based upon the parties’ agreement.  In an abundance of caution, the Court will extend the time for Plaintiffs and Defendants to file a motion or application to seal the relevant records until April 18, 2023.  If Plaintiffs and/or Defendants do not do so, the records will be unsealed and scanned into the public case file at the time of the hearing on this motion.  The parties are ordered to not file or lodge any further documents under seal absent a Court order and following the procedures in California Rules of Court, Rules 2.550-2.551.  

Defendants’ motion for summary judgment is continued to May 19, 2023 at 1:30 p.m.

Moving Defendants are ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 4^th day of April 2023