Judge: Stephen I. Goorvitch, Case: 24STCP03350, Date: 2024-12-02 Tentative Ruling

Case Number: 24STCP03350    Hearing Date: December 2, 2024    Dept: 82

John Doe v. Meera Ratnesar, et al., Case No. 24STCP03350

Petitioner John Doe (“Petitioner”), a minor, filed a petition for writ of mandate challenging his expulsion from the Curtis School.  Petitioner named the Curtis School and Meera Ratnesar, in her official capacity as Head of School, as respondents (collectively, “Respondents”).  Respondents filed a motion to compel arbitration on November 15, 2024.  Petitioner filed an opposition on November 25, 2024, which included a declaration from Petitioner’s parent.  According to Petitioner’s counsel, he “inadvertently attached an incompletely redacted copy of corresponden[ce] that did not fully redact Petitioner’s Friend’s name and school email address on one page of the exhibits attached to the declaration.”  The friend is a minor and not a party to the case.  Thus, Petitioner has filed an ex parte application to seal the declaration and to re-file a redacted version of the declaration/exhibit.

This ex parte application is not opposed.  No third parties appeared at the hearing to argue against sealing.  Therefore, the court decides this ex parte application without a hearing, per Code of Civil Procedure section 166(a)(1).  The court has considered the factors required under California Rules of Court, rule 2.550(d) and NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1217-1218.  The court finds that redacting the friend’s name is necessary to protect the privacy of a minor third-party, and this overriding interest would be prejudiced absent redaction.  The proposed redaction is narrowly-tailored to achieve this objective, and no less restrictive means exist to protect the friend’s privacy.  Finally, the public’s right to understand the proceedings will not be compromised by this limited redaction.

Based upon the foregoing, the court orders as follows:

1.       Petitioner’s ex parte application is granted. 

2.       The court orders that the declaration of Petitioner’s parent and exhibits, filed on November 25, 2024, shall be sealed.

3.       Petitioner’s counsel shall file a new declaration with the necessary redactions, per this order, forthwith. 

4.       Petitioner’s counsel shall provide notice and file proof of service with the court.