Judge: Stephanie M. Bowick, Case: 22STCV16944, Date: 2023-03-27 Tentative Ruling

Case Number: 22STCV16944    Hearing Date: March 27, 2023    Dept: 19

RULING

On the Court’s own motion, the Hearing on Motion for Sanctions, the Hearing on Motion to Compel Arbitration by Defendant Tomdan Enterprises, Inc.,the Hearing on Motion to Compel Arbitration by Defendant Koulax Enterprises, Inc., and the Case Management Conference are all CONTINUED to May 22, 2023, at 8:30 a.m. in Department 19 of the Stanley Mosk Courthouse. 

The “Declaration Of Ari J. Stiller In Support Of Motion For Monetary Sanctions Of $20,841.57 Due To Defendant’s Material Breach Of Arbitration Agreement (Code Of Civil Procedure Sections 1281.98 And 1281.99)” filed on July 25, 2022, and quoted from in Plaintiff’s Motion for Monetary Sanctions of $20,841.57 Due to Defendant’s Material Breach of Arbitration Agreement, and the “Declaration Of Ari J. Stiller In Support Of Plaintiff Rosalia Rodriguez’s Oppositon To Tomdan Enterprises, Inc.’s Motion To Compel Arbitration And To Dismiss Plaintiff’s Claims,” filed on March 14, 2023, contain redactions and thus were filed under seal without obtaining the Court’s 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.”].)  

Accordingly, the cannot consider the redacted filings. Plaintiff must either follow the procedures for filing the records under seal and make the requisite showing, (see Cal. R. Ct., 2.550-2.551), or refile the records in unredacted/unsealed form, without the redacted/sealed material.

Similarly, Exhibits B, C, and D of the Complaint contain redactions in violation of California Rules of Court, rule 2.551. Plaintiff is ordered to either refile the Complaint without any redactions or to follow the procedures for filing the Complaint containing the redactions as set forth in California Rules of Court, rules 2.550 and 2.551.

Further, Defendants failed to provide courtesy copies of their moving papers for their Motions to Compel Arbitration and Plaintiff has not dropped off courtesy copies for her Reply brief to the Motion for Sanctions. The parties are ordered to deliver courtesy copies of all briefing and supporting documents by May 11, 2023, as required by Department 19’s Courtroom Information page.

Counsel for Defendants to give notice.