Judge: Robert B. Broadbelt, Case: 20STCV18270, Date: 2025-06-09 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 20STCV18270    Hearing Date: June 9, 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 Devesa Sarria

(1)   Application to Seal Documents

(2)   Motion for Protective Order

Two motions are now pending before the court: (1) the application to seal documents filed by defendants AVX Design & Integration, Inc. and Focus Universal, Inc. (“Defendants”), and (2) the motion for protective order filed by Defendants.

In connection with their application to seal, Defendants request that the court file under seal unredacted versions of the following documents: (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,” (2) exhibits D through I, as attached to the “Declaration of Caroline S. Scala in Support of Defendant AVX Design & Integration, Inc.’s and Focus Universal, Inc.’s Motion for Protective Order,” (3) the “Memorandum of Points and Authorities in Support of Defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s Motion to Disqualify Plaintiff’s Counsel, Shegerian & Associates, Inc.,” and (4) exhibits D through I, as attached to the “Declaration of Caroline S. Scala in Support of Defendants’ Motion to Disqualify Plaintiff’s Counsel, Shegerian & Associates, Inc.”[1]  Defendants have attached those papers to the declaration of Caroline S. Scala in support of this motion as exhibits 4-9 and 19-20.[2]  This, however, is improper.

First, the court notes that Defendants have not lodged with the court unredacted versions of (1) the “Declaration of Caroline S. Scala in Support of Defendant AVX Design & Integration, Inc.’s and Focus Universal, Inc.’s Motion for Protective Order,” and (2) the “Declaration of Caroline S. Scala in Support of Defendants’ Motion to Disqualify Plaintiff’s Counsel, Shegerian & Associates, Inc.”  Although Defendants only request an order sealing certain of the exhibits attached thereto, Defendants must lodge the entire declarations to which those exhibits are attached with the court, so that the court can file complete copies of the declarations under seal.

Second, in order to create a clear record, Defendants must separately lodge with the court each separately filed document.  Specifically, since Defendants have separately filed memoranda and declarations in support of their motions for protective order and to disqualify counsel, Defendants must separately lodge those documents under seal with the court and should not lodge those documents as exhibits to the application to seal.

Third, the court notes that the memorandum of points and authorities filed in support of Defendants’ application to seal is redacted.  (See, e.g., Memo., pp. 5:22-23, 5:24-26, 6:2-4.)  However, Defendants did not request an order sealing their application to seal.  (Notice of App., p. 2:2-10 [setting forth documents to be sealed].)  

Thus, the court finds that Defendants have not properly lodged all documents that they request to be filed under seal.  The court therefore finds that it is appropriate, and exercises its discretion, to continue the hearings (1) on the application to seal, in order to give Defendants an opportunity to lodge all documents that they request the court consider in ruling on their motions for a protective order and to disqualify counsel, and (2) on the motion for protective order, so that the court may first rule on the motion to seal documents filed in connection with that motion in order to determine the record on which the motion will be based.  

The court notes that it may not require the disclosure of information claimed to be privileged in order to rule on a claim of privilege, which is at issue in Defendants’ pending motion for protective order.  (Evid. Code, § 915, subd. (a); Johnson v. Department of Transportation (2025) 109 Cal.App.5th 917, 330 Cal.Rptr.3d 811, 830; Notice of Mot. for Protective Order, p. 2:2-5 [moving for protective order to prevent plaintiff Devesa Sarria from using Defendants’ attorney-client privileged material].)  The court is not ordering Defendants to file information claimed to be privileged in order to rule on the claimed privilege, but rather is ordering Defendants to file unredacted versions of all supporting papers for the court’s review, which appears to include, based on Defendants’ choice and not the court’s order, the information claimed to be privileged.  To the extent that Defendants do not wish to file with the court the information claimed to be privileged, Defendants may elect to file revised versions of their motions for protective order and to disqualify counsel that do not include or discuss such information.  

ORDER

            The court orders that the hearing on defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s application to seal is continued to July 3, 2025, at 10:00 a.m., in Department 53.  

            The court orders that the hearing on defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s motion for protective order is continued to July 3, 2025, at 10:00 a.m., in Department 53. 

            The court orders defendants AVX Design & Integration, Inc. and Focus Universal, Inc. to lodge with the court, conditionally under seal, unredacted versions of the following documents that (1) are lodged separately from each other, and (2) affixes to the sealed envelope the cover sheet of the papers to be lodged under seal, no later than June 20, 2025:

·       “Memorandum of Points and Authorities in Support of Defendants AVX Design & Integration, Inc.’s and Focus Universal, Inc.’s Motion for Protective Order.”

·       “Declaration of Caroline S. Scala in Support of Defendant AVX Design & Integration, Inc.’s and Focus Universal, Inc.’s Motion for Protective Order.”

·       “Memorandum of Points and Authorities in Support of Defendants AVX Design & Integration, Inc. and Focus Universal, Inc.’s Motion to Disqualify Plaintiff’s Counsel, Shegerian & Associates, Inc.”

·       “Declaration of Caroline S. Scala in Support of Defendants’ Motion to Disqualify Plaintiff’s Counsel, Shegerian & Associates, Inc.”

            The court orders defendants AVX Design & Integration, Inc. and Focus Universal, Inc. to, no later than June 13, 2025, pick up from the clerk the documents that were lodged under seal in connection with their application to seal and received by the court on or about February 11, 2025, February 20, 2025, and March 4, 2025.

The court orders defendants AVX Design & Integration, Inc. and Focus Universal, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  June 9, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court