Judge: Robert B. Broadbelt, Case: 20STCV17143, Date: 2025-02-24 Tentative Ruling

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Case Number: 20STCV17143    Hearing Date: February 24, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Defendants AVX Design & Integration, Inc., and Focus Universal, Inc.            

RESPONDING PARTY:       Plaintiff Ian Patterson

Application to Seal Documents

The court considered the moving, opposition, and reply papers filed in connection with this motion.

EVIDENTIARY OBJECTIONS

            The court does not rule on defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s evidentiary objections, directed to the declaration of Genessis Guevara, because those objections are directed to evidence that is not material to the court’s disposition of their application to seal.

DISCUSSION

Defendants AVX Design & Integration, Inc. and Focus Universal, Inc. (“Defendants”) move the court for an order sealing the following court records: (1) the “Memorandum of Points and Authorities in Support of Defendants AVX Design & Integration Inc.’s and Focus Universal, Inc.’s Motion for Protective Order,” filed by Defendants on January 9, 2025; (2) the exhibits labeled B-H, attached to the “Declaration of Caroline S. Scala in Support of Defendant AVX Design & Integration, Inc.’s and Focus Universal’s Notice of Motion for Protective Order,” filed by Defendants on January 9, 2025; (3) “Defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s Memorandum of Points and Authorities in Support of Defendants’ Motion to Disqualify Plaintiff’s Counsel, Shegerian & Associates,” filed by Defendants on January 9, 2025; (4) the exhibits labeled B-H, attached to the “Declaration of Caroline S. Scala in Support of Defendants’ Motion to Disqualify Plaintiffs’ Counsel, Shegerian & Associates,” filed by Defendants on January 9, 2025; (5) the “Memorandum of Points and Authorities in Support of AVX Design & Integration Inc.’s Motion for Sanctions Pursuant to California Code of Civil Procedure Sections 2023.010 and 2023.030,” filed by defendant AVX Design & Integration, Inc. on January 9, 2025; and (6) the supporting exhibits labeled B-H, attached to the “Declaration of Caroline S. Scala in Support of AVX Design & Integration Inc.’s Motion for Sanctions Pursuant to California Code of Civil Procedure Sections 2023.010 and 2023.030,” filed by defendant AVX Design & Integration, Inc. on January 9, 2025.  

The court finds that Defendants have not complied with California Rules of Court, rule 2.551.

“The party requesting that a record be filed under seal must lodge it with the court under (d) when the motion or application is made, unless good cause exists for not lodging it or the record has previously been lodged under (3)(A)(i).”  (Cal. Rules of Ct., rule 2.551, subd. (b)(4).)  Here, Defendants did not lodge with the court unredacted versions of the court records that are the subject of this application to seal (i.e., the three memoranda of points and authorities and three supporting declarations) and in the manner required by rule 2.551, subdivision (d).  Instead, Defendants lodged only, in a sealed envelope, an unredacted copy of their “Notice of Application and Application to Seal Documents Pursuant to California Rules, rule 2.551(b).”  Thus, Defendants have not lodged with the court “conditionally under seal” unredacted versions of the court records that Defendants have requested that the court file under seal, as required by California Rules of Court, rule 2.551, subdivisions (b)(4) and (d)(1)-(2).   

The court therefore denies Defendants’ application to seal, without prejudice to Defendants’ filing a revised application to seal that complies with the requirements of California Rules of Court, rule 2.551.

ORDER

            The court denies defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s application to seal documents, without prejudice to defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s filing a revised application to seal that complies with California Rules of Court, rule 2.551.

            The court orders plaintiff Ian Patterson to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 24, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court