Jeffrey Whitson vs Santa Barbara County et al
Case No: 16CV03698
Hearing Date: Fri Apr 06, 2018 9:30

Nature of Proceedings: Motion: Leave to Seal

Tentative Ruling: The court grants defendants’ motion for leave to file under seal the following documents: 1) Santa Barbara County Jail Management System Records of Jeffrey Whitson; 2) Adoption Decision and Order for Judgment, Santa Barbara Superior Court Consolidated Case Nos. 15 FL00172, 15FL00556 and 15FL00599; 3) excerpts of Deposition of Jeffrey Whitson, Santa Barbara Superior Court Consolidated Case Nos. 15 FL00172, 15FL00556 and 15FL00599; 4) excerpts from Veteran’s Affairs health records of Jeffrey Whitson; 5) Dr. James Moghtader’s Report, Independent Medical Examination of Jeffrey Whitson; and 6) excerpts from Deposition of Jake Malone, Santa Barbara Superior Court Consolidated Case Nos. 15 FL00172, 15FL00556 and 15FL00599. The court will enter defendants proposed order submitted on March 1, 2018.

Background: This is an action for damages for alleged misuse of confidential law enforcement databases. Plaintiff is Jeffrey Whitson. Defendants are County of Santa Barbara; Santa Barbara County Sheriff’s Department (“SBCSD”); Jake Thomas Malone, a deputy sheriff currently working at the county jail; Corporal Cardenas and Sergeant Garnica, who are employed by SBCSD and are Malone’s immediate supervisors.

Motion: Defendants move to file documents related to their motion for summary judgment/adjudication scheduled for hearing on August 3, 2018. The documents are: 1) Santa Barbara Jail Management System regarding plaintiff that include privacy-protected information including plaintiff’s Social Security number, which cannot be publicly revealed pursuant to Civil Code § 1798.85; 2) Veterans Affairs health records and IME report of Dr. James Moghtader regarding plaintiff, which are protected under HIPAA (45 CFR §§ 160.101, et seq.); 3) orders and depositions in adoption proceedings, which are confidential under Family Code § 9200. Plaintiff does not oppose the motion.

California Rules of Court 2.550-2.551 regarding sealed records do not apply to records that are required to be kept confidential by law. The documents described in defendants’ motion are required to be kept confidential by law. To facilitate the filing under seal, the court will grant the motion and order that the documents lodged conditionally under seal on March 5, 2018, be filed under seal.

In a declaration of non-opposition to the motion, counsel for plaintiff asks to join in the motion and modify defendants’ proposed order by adding the expert report of Daniel Duncalf to those documents filed under seal. The request is improper for two reasons. First, joinder in a motion is subject to the same time requirements as the motion in which the party seeks to join. Persson v. Smart Inventions, Inc., 125 Cal.App.4th 1141, 1176-77 (2005); Lerma v. County of Orange, 120 Cal.App.4th 709, 718 (2004). The declaration filed on March 23 is not timely.

Second, plaintiff simply says the “records and expert opinion” contain privacy-protected information and other potentially sensitive information. Plaintiff does not cite any law that requires any information in the report to be kept confidential. To the extent general privacy and “sensitive information” concerns warrant filing under seal, plaintiff must comply with CRC §§ 2.550-2.551.

The court will not order Daniel Duncalf’s report filed under seal. This ruling is without prejudice to a properly noticed and supported motion to file the report under seal.

The court grants defendants’ motion for leave to file under seal the following documents: 1) Santa Barbara County Jail Management System Records of Jeffrey Whitson; 2) Adoption Decision and Order for Judgment, Santa Barbara Superior Court Consolidated Case Nos. 15 FL00172, 15FL00556 and 15FL00599; 3) excerpts of Deposition of Jeffrey Whitson, Santa Barbara Superior Court Consolidated Case Nos. 15 FL00172, 15FL00556 and 15FL00599; 4) excerpts from Veteran’s Affairs health records of Jeffrey Whitson; 5) Dr. James Moghtader’s Report, Independent Medical Examination of Jeffrey Whitson; and 6) excerpts from Deposition of Jake Malone, Santa Barbara Superior Court Consolidated Case Nos. 15 FL00172, 15FL00556 and 15FL00599. The court will enter defendants proposed order submitted on March 1, 2018.