Judge: Stephanie M. Bowick, Case: 20STCV25859, Date: 2023-10-09 Tentative Ruling

DEPARTMENT 19 LAW AND MOTION RULINGS
If you desire to submit on a tentative ruling, you may do so by e-mailing Dept. 19 before 08:00 a.m. on the day of the motion hearing. The e-mail address for submitting is SMCDept19@lacourt.org. The heading on your e-mail must contain the case name and number, and that you submit. For example, "Smith v. Jones BC551124, submit". The message should indicate your name, contact information, and the party you represent.

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Case Number: 20STCV25859    Hearing Date: October 9, 2023    Dept: 19

On the Court's own motion, the Hearing on Motion for Preliminary Injunction by Plaintiff Vicente Del Rio and the Hearing on Motion for Preliminary Injunction by Defendant Tres A, LLC are CONTINUED to OCTOBER 30, 2023, at  1:30 p.m. in Department 19 of the Stanley Mosk Courthouse.

The Status Conference is also CONTINUED TO October 30, 2023, at 1:30 p.m.

First, the Court has not received courtesy printed copies of all briefing that has been filed, with the exception of the lodged documents, in violation of the First Amended General Order regarding electronic filing of documents in Unlimited Civil. The requirement is also set forth in the Department 19 Courtroom Information link on the Los Angeles Superior Court website.  Courtesy copies are to be delivered to Department 19 by 4:00 p.m. on October 23, 2023. 

Second, in support of its Motion for Preliminary Injunction and in opposition to Cross-Complainant Tres A’s Motion for Preliminary Injunction, Plaintiff lodged documents under seal without obtaining leave to do so in violation of California Rules of Court, rule 2.551(a). (CRC, rule 2.551(a) [“A record must not be filed under seal without a court order.”].)  The Stipulated Protective Order clearly states that the parties shall follow CRC, rules  2.550 and 2.551 regarding including confidential materials/information in any motion. (See paragraph 17, page 9).  Only discovery motions can be filed without further sealing orders. (Id.)

As such, the Court also sets a  Motion to Seal Lodged Evidence for October 30, 2023, at 1:30 p.m. in Department 19 of the Stanley Mosk Courthouse. The Court sets this hearing to give Plaintiff Vicente Del Rio an opportunity to follow the procedures for filing the records under seal and to make the requisite showing, (see Cal. R. Ct., 2.550-2.551), or to refile the records in unredacted/unsealed form, or withdraw the redacted/sealed material by October 16, 2023. 

The memorandum and supporting declaration for the motion to seal must be filed and served on or before October 16, 2023. (See CRC, rule 2.551(b)(1) [“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.”].)

Any opposition must be filed and served on or before October 20, 2023.

No reply brief will be permitted, but the Court will hear oral argument responding to any arguments raised in opposition, if applicable. 

Other than the briefing for the motion to seal, no additional briefing or supplemental papers for the motions for preliminary injunction will be allowed or considered.

Plaintiff to give notice.