Judge: Stephanie M. Bowick, Case: 20STCV49401, Date: 2023-09-21 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.

PLEASE NOTE, The above e-mail address is only to inform the Court of your submission on the tentative ruling. All other inquiries or correspondence will not receive a response.

Case Number: 20STCV49401    Hearing Date: September 21, 2023    Dept: 19

RULING

On the Court’s own motion, the Hearing on Motion for Summary Judgment is CONTINUED to 10/23/2023, at 8:30 a.m. in Department 19 of the Stanley Mosk Courthouse.

A portion of Defendants’ evidence filed in support of the motion improperly contains redactions. (See Martine Singer Decl., Ex. D; accord, James Colón Decl., Ex. AA.)

“Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are presumptively open.” (McNair v. National Collegiate Athletic Association (2015) 234 Cal.App.4th 25, 31; see Cal. R. Ct., 2.500(c) [“Unless confidentiality is required by law, court records are presumed to be open.”].)

Defendants filed evidence containing redactions without obtaining a court order granting leave to do so in violation of California Rules of Court, rule 2.551(a). (See Cal. R. Ct., 2.551(a) [“A record must not be filed under seal without a court order.”].) The Court cannot consider redacted evidence in support or opposition of a motion for summary judgment.

As such, the Court sets a Hearing Re: Sealing of Redacted Evidence ISO MSJ for 10/23/2023, at 8:30 a.m., in Department 19 of the Stanley Mosk Courthouse. The Court sets this hearing to give Defendants 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 refile the records in unredacted/unsealed form or without the redacted/sealed material. 

The memorandum and supporting declaration for the motion to seal must be filed and served on or before 10/02/2023 . (See Cal. R. Ct., 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 10/13/2023.

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

Moving party to give notice.