Judge Thomas D. Long, Case Number: 22STCV03507, Date: 2024-05-23 Tentative Ruling

The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to achieve the overriding interest. (California Rules of Court, rule 2.550(d).) A motion seeking an order sealing records must be accompanied by a declaration containing facts sufficient to justify the sealing. (California Rules of Court, rule 2.551(b)(1).)

A record must not be filed under seal without a court order, and a party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. (California Rules of Court, rule 2.551(a)-(b).) The party requesting sealing must also file a public redacted version and lodge conditionally under seal with the court a complete, unredacted version. (California Rules of Court, rule 2.551(b)(4)-(b)(5).) Additionally, pursuant to Department 48’s courtroom procedures, if a motion requires reliance on confidential and/or lodged filings, the unredacted versions must be emailed to smcdept48@lacourt.org, in accordance with Department 48’s Courtroom Information, available on the court’s website (www.lacourt.org).

Cross-Defendant lodged redacted copies of the Motion for Summary Judgment, Exhibit A to the Declaration of Larry R. Jackson in Support of the Motion, and Statement of Undisputed Facts in Support of the Motion. Cross-Defendant did not provide the Court with unredacted electronic copies. Because the documents were not properly lodged with the Court, the Court is unable to review them.

Even if Cross-Defendant had followed the proper procedures, the accompanying declaration does not contain facts sufficient to justify the sealing. (See California Rules of Court, rule 2.551(b)(1).) Cross-Defendant’s counsel declares only that the motion refers to testimony that has been designated as Confidential under the Protective Order, and the Protective Order “requires any such documents to be submitted under seal with the Court by any party desiring to cite to them in support of moving papers.” (Jackson Decl. ¶ 3.) However, “[t]he court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (California Rules of Court, rule 2.551(a).)

The motion to seal is DENIED, without prejudice to the filing of a renewed motion that satisfies all requirements for sealing.

For any future motions that rely on confidential and/or lodged filings, the unredacted versions must be emailed to smcdept48@lacourt.org, in accordance with Department 48’s Courtroom Information, available on the court’s website (www.lacourt.org).

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

Hon. Thomas D. Long

Judge of the Superior Court