TENTATIVE¿ 

¿ 

The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿ 

On January 12, 2024, plaintiff Veronica Joseph (“Plaintiff”), who is also the guardian ad litem for claimant Kyle Machado (“Claimant”), filed a motion to file under seal the petition for approval of compromise. On January 10, 2024, Petitioner filed instant redacted petition for approval of compromise of claim pertaining to Claimant, an adult person with a disability. 

California Rules of Court, Rule 2.551(b)(1) states, “[a] party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.”  CRC 2.550(d) makes clear that records cannot be sealed without appropriate findings. It provides: 

The Court may order that a record be filed under seal only if it expressly finds facts that establish:  

(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. 

(Cal. Rules of Court, rule 2.550(d).)    

Plaintiff seeks to seal any references to the settlement amount in the petition due to the confidential settlement agreement reached with Defendant. Plaintiff lodged a physical copy of an unredacted petition to approve compromise, which consists of approximately 355 pages. Due to the sheer length of the petition, the Court requests Plaintiff to instead lodge a digital copy for the Court’s ease of review. Furthermore, the Court notes that large swathes of the petition are redacted, and which bear no relation to the settlement amount. On its face, the proposed redactions are overbroad, and not sufficiently narrowly tailored for the purpose sought.  

Aside from lodging an electronic copy of the unredacted petition/unredacted exhibits for the Court’s consideration, Plaintiff must submit a new petition that is more narrowly tailored. The petition will also be continued so that probate may review the special needs trust instrument.  

Accordingly, the Court will continue the Hearing on Petition to Confirm Minor's Compromise and Hearing on Motion to Seal Application for an Order Sealing Portions of the Petition to Approve Compromise of Pending Action to ________________. Plaintiff must submit the electronic unredacted documents at her earliest convenience to provide the Court sufficient time to review.  

Moving party is ordered to give notice.