Judge: Stephanie M. Bowick, Case: 21STCV06797, Date: 2023-10-03 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: 21STCV06797 Hearing Date: October 3, 2023 Dept: 19
On the Court's own motion, Defendant's Motion for Summary Judgment is CONTINUED TO 11/07/2023, at 8:30 a.m.
A portion of Defendant County of Los Angeles’s evidence filed in support of the Motion for Summary Judgment improperly contains redactions. (See Exhibits 12, 13, 14, 15, 17, 19, 21, 22, 23, 28, 29, 30, 31.)
“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.”].)
Defendant 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 evidence that is partially redacted evidence in support or opposition of a motion for summary judgment unless leave to do so has first been granted.As such, the Court sets a Hearing Re: Sealing of Redacted Evidence In Support Of Motion for Summary Judgment for 11/07/2023, at 8:30 A.M. in Department 19 of the Stanley Mosk Courthouse. Defendant County of Los Angeles is granted this 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).
The memorandum and supporting declaration for the motion to seal must be filed and served per code for the motion hearing date on 11/07/2023. (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 and reply must also be filed and served per code.
In the alternative, Defendant may refile and serve the exhibits without redactions.
Finally, Defendant is ordered to provide courtesy copies of all briefing filed, including any Reply, by October 31, 2023.