Judge: Teresa A. Beaudet, Case: 22STCV07568, Date: 2023-02-07 Tentative Ruling

Case Number: 22STCV07568    Hearing Date: February 7, 2023    Dept: 50

 

 

Superior Court of California

County of Los Angeles

Department 50

 

BRIAN WARNER p/k/a MARILYN

MANSON,

 

                        Plaintiff,

            vs.

EVAN RACHEL WOOD, et al.,  

 

                        Defendants.

Case No.:

22STCV07568

Hearing Date:

February 7, 2023

Hearing Time:

2:00 p.m.

[TENTATIVE] ORDER RE:

 

DEFENDANT ASHLEY GORE’S APPLICATION TO FILE UNREDACTED

RECORDS UNDER SEAL

           

On March 2, 2022, Plaintiff Brian Warner p/k/a Marilyn Manson (“Plaintiff”) filed this action against Defendants Evan Rachel Wood and Ashley Gore a/k/a Illma Gore (“Gore”). The Complaint asserts causes of action for (1) intentional infliction of emotional distress, (2) defamation per se, (3) violation of the Comprehensive Computer Data and Access Fraud Act (Penal Code Section 502(c), (e)(1)), and (4) Impersonation over the Internet (Penal Code Section 528.5(a), (e)).  

Gore now applies for an order to file under seal certain portions of an October 25, 2022 deposition transcript of Gore. Plaintiff filed a “partial opposition” to Gore’s application.

Gore’s application will have to be continued for the reasons set forth below.

Plaintiff’s partial opposition to Gore’s application consists of primarily redacted information. Plaintiff has not filed a motion to seal the redacted portions of the opposition. Pursuant to California Rules of Court, rule 2.551, subdivision (a), “[a] record must not be filed under seal without a court order.” In addition, “[i]f necessary to prevent disclosure, any motion or application, any opposition, and any supporting documents must be filed in a public redacted version and lodged in a complete, unredacted version conditionally under seal. The cover of the redacted version must identify it as ‘Public--Redacts materials from conditionally sealed record.’ The cover of the unredacted version must identify it as ‘May Not Be Examined Without Court Order--Contains material from conditionally sealed record.’” (Cal Rules of Court, Rule 2.551, subd. (b)(5).) Plaintiff did not file any notice indicating that the unredacted version of the partial opposition was lodged conditionally under seal.

¿¿ In light of the foregoing, the hearing on Gore’s application to file unredacted records under seal is continued to ____________, 2023, at 10:00 a.m. in Dept. 50. Plaintiff must file and serve a motion or application to seal his partial opposition to the application pursuant to California Rules of Court, rule 2.550 et seq.¿

Gore is ordered to give notice of this Order.

           

DATED:  February 7, 2023                           

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court