TAY vs THE PERMANENTE MEDICAL GROUP, INC., et al.

23CV040445: TAY vs THE PERMANENTE MEDICAL GROUP, INC., et al. 07/09/2026 Hearing on Motion to Seal Motion to Seal Portions of the Petition for Approval of Compromise of Claim of a Minor; filed by Matt Zhi Tay (Minor) CRS# 072109846409 in Department 23

Tentative Ruling - 07/07/2026 Ruben Sundeen

The Motion to Seal Redacted Motion to Seal Portions of the Minor's Compromise Petition and Accompanying Documents filed by Matt Zhi Tay on 06/24/2026 is Granted in Part.

Minor Plaintiff Matt Zhi Tay, by and through his guardian ad litem Amelia Lee, moves to seal portions of the Petition for Approval of Compromise of Disputed Claim of a Minor, the supporting attachments, and the proposed Order. The motion is unopposed.

Specifically, Plaintiff seeks authorization to seal medical records submitted in support of the Petition, the net settlement amounts and related financial terms, and limited portions of the proposed Order.

Unless confidentiality is required by law, court records are presumed to be open. (Cal. Rules of Court (“CRC”), rule 2.550(c).) The court may order that a record be filed under seal only if it expressly finds facts establishing 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.” (CRC 2.550(d).) The trial court exercises its discretion in determining whether the criteria under CRC 2.550 have been met. (In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292, 299-300.)

Medical records are “presumptively private” and may properly be subject to a sealing order. (Oiye v. Fox (2012) 211 Cal.App.4th 1036, 1070.) There is limited public benefit to disclosure of the minor’s personal medical information that overrides the inherent private rights involved. Therefore, the motion is GRANTED IN PART as to medical records.

Our state Supreme Court has held that litigant’s preexisting private financial information is generally entitled to confidentiality in Valley Bank of Nevada v. Sup. Ct. (1975) 15 Cal.3d 652; however, an individual’s recovery obtained from a civil lawsuit is not. Moreover, the court notes that Plaintiff will create a special needs trust to manage the net recovery (Pet. at Item 18.b(4)), and a court-created trust necessarily will involve regular, public accountings (Cal. Rules of Court, rule 7.903(a) and (c)(6)). Finally, a trustee, not the beneficiary, will be responsible for management of assets. (Id. at (c)(3).) Therefore, there is no realistic danger that the trust beneficiary will be the victim of financial exploitation. For these reasons, the motion is DENIED IN PART as to financial information.

Plaintiff is directed to file an amended minor’s compromise petition with only medical information redacted. 23CV040445: TAY vs THE PERMANENTE MEDICAL GROUP, INC., et al. 07/09/2026 Hearing on Motion to Seal Motion to Seal Portions of the Petition for Approval of Compromise of Claim of a Minor; filed by Matt Zhi Tay (Minor) CRS# 072109846409 in Department 23

Upon Plaintiff’s filing of the revised redacted petition, the Court directs the clerk to comply with the sealing procedures set forth in CRC 2.551(e) by filing this order, maintaining the record ordered sealed in a secure manner, and clearly identifying the record as sealed by court order on this date.

*If a party does not timely contest the tentative ruling and appear at the hearing, the tentative ruling will become the order of the Court.*

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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

23CV040445: TAY vs THE PERMANENTE MEDICAL GROUP, INC., et al. 07/09/2026 Hearing on Motion to Seal Motion to Seal Portions of the Petition for Approval of Compromise of Claim of a Minor; filed by Matt Zhi Tay (Minor) CRS# 072109846409 in Department 23