Judge: Steven A. Ellis, Case: 21STCV04429, Date: 2023-08-15 Tentative Ruling

Case Number: 21STCV04429    Hearing Date: September 19, 2023    Dept: 29

TENTATIVE

The Court may need to continue this hearing again in order to address the request of settling party and Defendant Dmitriy Toradze (erroneously sued as Dmitrii Toradze) (“Toradze”) to file certain documents under seal.

The Court has received but has not reviewed the documents that have been lodged and are the subject of the sealing request.

First, it is unclear to the Court whether unredacted documents have been served on non-settling Defendant Christian James Glover (“Glover”). The Court will not review any document that has not been served on the other parties to an action (except in limited, and inapplicable, circumstances, such as material subject to privilege or work product protection). And the Court will not make an order based on “secret” facts that have not been shared with the opposing party.

Second, even if Glover has been served with an unredacted copy of all documents, the Court’s tentative ruling is to deny the application to file the documents at issue under seal.  Under Rule of Court 2.550(d)(1), Toradze has not shown an “overriding interest” that overcomes the right of public access to court records. If Toradze contends that the Court should make a finding of a good faith settlement based, in whole or in part, because of his limited financial circumstances at the time of the settlement, he has raised the issue of his finances and must present the evidence that he contends supports the order he seeks in a public filing.

To be clear, no one is compelling Toradze to submit his tax records in support of his request to the Court. If, however, Toradze makes the decision to present those records in support of his request, the records must be public. Alternatively, Toradze may withdraw his request, and the Court will return the lodged documents to Toradze without reviewing them.     

In addition, and as a reminder, Rule of Court 1.201(a) permits (and requires) Toradze to redact certain information, such as social security numbers and financial account numbers, if such information is contained in any document that is filed with the Court. But redacting social security numbers in a public document under Rule 1.201 is quite distinct from filing documents under seal pursuant to Rule 2.550.

If the Court proceeds to the merits, the Court will hear argument on the issue of whether the settlement is in good faith under Code of Civil Procedure 877.6.