Judge: Walter P. Schwarm, Case: 30-2019-01094012, Date: 2023-08-22 Tentative Ruling

Interested Party’s (Jane Doe) Motion to File Confidential Information Under Seal (Motion), filed on 3-15-23 under ROA No. 688, is CONTINUED to 9-26-23 at 9:00 a.m. in Department C32.

The Motion seeks to seal “. . . the Declaration of Jane Doe; Declaration of the Mother of Jane Doe, Declaration of the Father of Jane Doe; Declaration of C. Tucker Cheadle, and Exhibits 1-17 to the Motion to Disqualify (collectively as the ‘Declarations and Exhibits’) of Jane Doe’s Motion to Disqualify Plaintiff’s Counsels of Record.” (Motion, 2:6-9.)

California Rules of Court, rule 2.551, states, “(a) A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. [¶] (b)(1) A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. . . .”  Additionally, it is not clear what Interested Party seeks to have sealed, as the Motion to Disqualify Plaintiff’s Counsels of Record, filed 3-15-23 under ROA No. 687, was not filed with supporting declarations or exhibits.

To the extent that Interested Party seeks to seal the declarations attached to the Motion to Disqualify Plaintiff’s Counsels of Record, filed on 7-11-23 under ROA No. 759, the court notes that Interested Party appears to have filed some of these documents publicly in the matter Doe v. Dillon (Case No. 30-2022-01270433; See, ROA No. 221 and 223 in the Doe v. Dillon case.)

Since Interested Party appears to have publicly filed certain documents that Interested Party seeks to have sealed in the Doe v. Dillon case, the court is unable to conduct the balancing test required by California Rules of Court, rule 2.550(d).

The court requests Interested Party to file a supplemental brief, not to exceed five pages, that specifies the documents that Interested Party seeks to seal, and addresses the factors in California Rules of Court, rule 2.550(d) in light of the filings in the Doe v. Dillon case.  The court orders Interested Party to file the supplemental brief no later than 8-29-23.  Any response to the supplemental brief, not to exceed five pages, is due on 9-5-23.

Therefore, the court CONTINUES Interested Party’s (Jane Doe) Motion to File Confidential Information Under Seal, filed on 3-15-23 under ROA No. 688, is CONTINUED to 9-26-23 at 9:00 a.m. in Department C32.

Interested Party is to give notice.