SUTTER BAY HOSPITALS, et al. vs KAISER FOUNDATION HEALTH PLAN, INC.

23CV057726: SUTTER BAY HOSPITALS, et al. vs KAISER FOUNDATION HEALTH PLAN, INC. 06/02/2026 Hearing on Motion to Seal Sutter's Motion to Seal Its Opposition to Kaiser's Motion for Summary Adjudication; filed by Sutter Bay Hospitals (Plaintiff) + CRS# 518072420016 in Department 16

Tentative Ruling - 06/01/2026 Victoria Kolakowski

Sutter Bay Hospitals, Sutter Valley Hospitals, and Sutter Coast Hospital’s (collectively, Sutter) Motion to Seal its Opposition memorandum, its Opposition to Undisputed Facts, and the Declaration of Emily Knox and exhibits 8 through 15 is granted.

I.

Background

On March 27, 2026, Sutter filed a memorandum, separate statement, and a declaration in opposition to Kaiser’s motion for summary adjudication. The filings contained some redactions and exhibits 8 through 15 were entirely omitted. (See Sutter’s Opp’n 13:16–20, 14 n.2, 15:17–18, 24:8–10, 24:19–20, 26:9–10; 26:20–22; 26:28; see also Sutter’s Opp’n Undisputed Facts ¶¶ 1, 3, 6; Knox Decl. ¶¶ 9–11, 13, 15, Exs. 8–15.) Concurrently, Sutter moved to seal these records, explaining that the redactions and omissions hid information that Kaiser designated as confidential, contained confidential information as provided by the parties’ confidentiality agreement concerning the prior arbitration proceedings, and contained protected health information. (Mot., Mar. 27, 2026.) Kaiser did not oppose. (See Kaiser’s Notice Non-opp’n, Apr. 29, 2026.)

In May 2026, the Court continued the hearing on this Motion to permit Sutter time to redact all the relevant portions of exhibits 8 through 15. (Order § III, May 12, 2026.) A week later, Sutter submitted the proposed redactions. (See Knox Suppl. Decl. Supp. Mot., May 19, 2026.)

II. Legal Standard “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. R. Ct. 2.550(c).) Thus, “[t]he court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Id. 2.551(a).) Rather, a court may seal a record only if “[t]here exists an overriding interest that overcomes the right of public access to the record; [¶] [t]he overriding interest supports sealing the record; [¶] [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; [¶] [t]he proposed sealing is narrowly tailored; and [¶] [n]o less restrictive means exist to achieve the overriding interest.” (Id. 2.550(d).)

III.

Discussion

The Court finds that Kaiser’s interest in maintaining the confidentiality of its proprietary formula for calculating the reasonable and customary value of medical services rendered to its members and Sutter’s interest in protecting health information from disclosure overrides the public’s right 23CV057726: SUTTER BAY HOSPITALS, et al. vs KAISER FOUNDATION HEALTH PLAN, INC. 06/02/2026 Hearing on Motion to Seal Sutter's Motion to Seal Its Opposition to Kaiser's Motion for Summary Adjudication; filed by Sutter Bay Hospitals (Plaintiff) + CRS# 518072420016 in Department 16 to access this information.

Further, the Court finds there is a substantial probability that these overriding interests will be prejudiced if the records are not sealed. Finally, concerning Sutter’s Opposition, Opposition to Undisputed Facts, the Knox Declaration, and exhibits 8 through 15, the Court finds that the proposed redactions are narrowly tailored and are the least restrictive means to further these overriding interests.

IV. Orders The Motion is granted.

The Court seals the Opposition memorandum, its Opposition to Undisputed Facts, and the Declaration of Emily Knox, filed March 27, 2026.

***

The Motion to Seal Sutter's Notice of Motion and Motion to Seal Its Opposition to Kaiser's Motion for Summary Adjudication filed by Sutter Coast Hospital, Sutter Bay Hospitals, Sutter Valley Hospitals on 03/27/2026 is Granted.

The Court orders Miscellaneous - Other [UNREDACTED UNDER SEAL] Sutter's Opposition to Undisputed Facts in Support of Kaiser's Motion for Summary Adjudication Filed on 03/27/2026, Miscellaneous - Other [UNREDACTED UNDER SEAL] Declaration of Emily F. Knox in Support of Sutter's Opposition to Kaiser's Motion for Summary Adjudication Filed on 03/27/2026 and Miscellaneous - Other [UNREDACTED UNDER SEAL] Sutter's Opposition to Kaiser's Motion for Summary Adjudication Filed on 03/27/2026 sealed pursuant to California Rules of Court, rule 2.550.

The Court orders counsel to obtain a copy of this order from the eCourt portal.

If a party does not timely contest the foregoing 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

23CV057726: SUTTER BAY HOSPITALS, et al. vs KAISER FOUNDATION HEALTH PLAN, INC. 06/02/2026 Hearing on Motion to Seal Sutter's Motion to Seal Its Opposition to Kaiser's Motion for Summary Adjudication; filed by Sutter Bay Hospitals (Plaintiff) + CRS# 518072420016 in Department 16

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