Judge: Robert C. Longstreth, Case: 37-2021-00005732-CU-PO-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00005732-CU-PO-CTL HYDE VS MCDERMOTT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/25/2023

Plaintiff's unopposed Motion to Seal ROA 298/300 (ROA 340) is DENIED.

The court has already ruled on Plaintiff's request to seal these court records. The court denied Plaintiff's request, finding, among other things, that 'the unredacted versions of the papers are already in the court file and available to the public' and concluding 'any right by Plaintiff to assert that any of the material contained in these papers is confidential is waived and the request to seal the records is moot.' (ROA 325.) Plaintiff's motion seeking the same relief not only fails to address the court's mootness finding, but also fails to provide facts sufficient to support the request to seal these court records. The mere assertion that a document is confidential is not sufficient to support a sealing order. (See Universal City Studios, Inc. v. Superior Court (2003) 110 Cal.App.4th 1273, 1282; see also Cal. R. Court, rule 2.551(a), '[t]he court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.') Plaintiff also has not identified any prejudice that would be suffered if the court does not now order the records sealed; to the contrary, the documents have now been part of the court's record for more than eight months. Further, Plaintiff purportedly seeks to seal the entirety of his opposition and declaration at ROA 298 and 300, which is not a narrowly tailored request to seal.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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