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Motion For Protective Order
Set for Law and Motion/Discovery Calendar on Wednesday, July 16, 2025, Line 5. DEFENDANTs VOLKSWAGEN GROUP OF AMERICA, INC.,and DGDG 5, LLC DBA CAPITOL VOLKSWAGEN's Motion For Protective Order.
Defendant Volkswagen Group of America, Inc.'s ("VW America") motion for protective order is GRANTED IN PART AND DENIED IN PART. VW America demonstrates that non-party VW Germany's information is confidential and entitled to protection. (Muehlfelder Decl., pars. 1-5.) VW America can assert VW Germany's rights under the circumstances of this case. "It is well established that, under appropriate circumstances, a litigant may assert the privacy rights of third parties. One such circumstance is where the litigant's interests align with those of the third party and the third party's rights are likely to be diluted or adversely affected unless [the litigant] is permitted to assert their rights on their behalf." (County of Los Angeles v. Superior Court (2021) 65 Cal.App.5th 621, 635 (cleaned up).)
The court will execute VW America's form of order with the following modifications: Secs. 7.1, 7.2, 11 shall be modified to allow the sharing of information in compliance with Raymond Handling Concepts Corp. v. Sup.Ct. (1995) 39 Cal.App.4th 584, 590 [affirming order allowing sharing of confidential information with counsel in other litigation as furthering public interest]. Sections 10.1 and 10.2 should be modified to allow plaintiff to present the material conditionally under seal in compliance with CRC 2.550 et seq. The order should expressly state: "Nothing in this order determines that any document marked 'confidential' qualifies for sealing under CRC 2.550 or relieves any party from following the procedure in CRC 2.551."
The parties shall immediately meet and confer and e-mail a proposed form of order to contestdept302tr@sftc.org prior to the hearing on July 16, 2025.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
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Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address.
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