2014-00160707-CU-NP

Jack Urman vs. Vitas Hospice Services, LLC

Nature of Proceeding:    Motion to Seal and/or Redact Portions of Exhibit

Filed By:  Rand, Michael H.

Plaintiff’s Motion to Seal and/or Redact Portions of Exhibit is unopposed and is
GRANTED, as set forth below.

The notice of motion does not provide notice of the Court’s tentative ruling system as
required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D).  Local Rules for the
Sacramento Superior Court are available on the Court’s website at
<http://www.saccourt.ca.gov/local-rules/local-rules.aspx> Counsel for moving party is
ordered to notify opposing party immediately of the tentative ruling system and to be
available at the hearing, in person or by telephone, in the event opposing party
appears without following the procedures set forth in Local Rule 1.06(B).

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 upon the agreement or stipulation of the
parties.  C.R.C., Rule 2.550 and 2.551, limits the circumstances and manner in which
court records may be sealed. The court may order that a record be filed under seal
only if it expressly finds that: (1) There exists 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
if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No
less restrictive means exist to achieve the overriding interest. C.R.C., Rule 2.550.

Here, plaintiff seeks to retroactively seal an Exhibit to the Declaration of Lynne Urman,
filed on March 24, 2014. The Exhibit is a Death Certificate, containing Jack Urman’s
social security number and the home address of Lynne Urman.

The court finds that there exists an overriding interest in protecting both the Social
Security number and the home address, as Lynne Urman is a former Special Deputy
District Attorney in Ventura County, and maintains a PO Box to protect herself from
those who may be hostile to her. The Court finds that these overriding interests
support sealing the record, and that the right to privacy would be prejudiced if the
record is not sealed.

However, to narrowly tailor the proposed sealing, and utilize the least restrictive
means, the Court orders that a redacted Death Certificate be filed.

As the Declaration with the attached exhibit has already been filed and scanned, the
moving party shall provide a duplicate copy of the Declaration of Lynne Urman, with
the redacted Exhibit attached for scanning.

A copy of this Minute Order shall be provided to the Clerk of the Court concurrently
with the submission of the (duplicate) Declaration attaching the redacted Exhibit A.
The (duplicate) Declaration of Urman with the redacted Exhibit is ordered filed and
scanned for public view, nunc pro tunc, as of the March 24, 2014 original filing date,
while the original  Declaration of Lynne Urman with the unredacted attached Exhibit
previously filed (ROA 7) is ordered placed under seal by the Clerk of the Court.

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.