Judge: Richard S. Whitney, Case: 37-2019-00067876-CU-CO-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2019-00067876-CU-CO-CTL BREWER MD PHD VS IMPACT BIOMEDICINES [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANTS' UNOPPOSED MOTION TO SEAL PORTIONS OF EXHIBITS L AND M ATTACHED TO THE DECLARATION OF JOHN T. RYAN IN SUPPORT OF DEFENDANTS' MOTION FOR NEW TRIAL is GRANTED.

The motion is unopposed. However, the Court must find sealing is justified.

The public has a First Amendment right of access to civil litigation documents filed in court and used at trial or submitted as a basis for adjudication. (NBC Subsidiary (KNBC–TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1208–1209, fn. 25, 1212, 86 Cal.Rptr.2d 778, 980 P.2d 337.) Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are ' 'presumptively open.' ' (Id. at p. 1217, 86 Cal.Rptr.2d 778, 980 P.2d 337.) Therefore, before a trial court orders a record sealed, it must hold a hearing and make findings that (1) there is an overriding interest supporting sealing of the records; (2) there is a substantial probability that absent sealing, such interest will be prejudiced; (3) the sealing order is narrowly tailored to serve the overriding interest; and (4) a less restrictive means of meeting that interest is not available. (Id. at pp. 1217–1218, 86 Cal.Rptr.2d 778, 980 P.2d 337.) These standards are now embodied in our Rules of Court. (Rule 2.550(d); formerly rule 243.1(d), adopted eff. Jan. 1, 2001, and amended eff. Jan. 1, 2004.) (Savaglio v. Wal-Mart Stores, Inc. (2007) 149 Cal.App.4th 588, 596–97.) California Rules of Court Rule 2.550 states: (d) Express factual findings required to seal records 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.

(CA ST TR COURT Rule 2.550.) The Court finds that Defendants Impact Biomedicines, John Hood, and Celgene Corporation ('Defendants') have shown, via the declaration of John T. Ryan and the memorandum of points and authorities, an overriding interest that overcomes the right of public access to the confidential records sought to be sealed, which interest would be prejudiced if the records were not sealed. The names, Calendar No.: Event ID:  TENTATIVE RULINGS

2974660 CASE NUMBER: CASE TITLE:  BREWER MD PHD VS IMPACT BIOMEDICINES [IMAGED]  37-2019-00067876-CU-CO-CTL signatures, and identifying information of jurors should not be disclosed as it could cause 'a substantial threat to the administration of justice.' (Townsel v. Superior Court (1999) 20 Cal.4th 1084, 1092.) The sealing is limited to those confidential portions of Exhibits L and M and no less restrictive means exists to achieve the overriding interest of keeping the juror's identifying information confidential. The motion is granted.

Calendar No.: Event ID:  TENTATIVE RULINGS

2974660