Cody M. v. County of Sonoma CA1/5

Filed 1/15/25 Cody M. v. County of Sonoma CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

CODY M., Plaintiff and Appellant, A170362 v. COUNTY OF SONOMA, (Sonoma County Defendant and Respondent. Super. Ct. No. SPR89389)

Plaintiff, Cody M.,1 appeals from an order partially denying his motion to seal the entire record of the proceeding in his Welfare and Institutions Code section 81032 petition seeking to restore his right to own or possess firearms. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In December 2015, plaintiff was hospitalized pursuant to section 5150.3 On August 15, 2016, plaintiff, in pro. per., filed a request for relief from the

1 We refer to plaintiff as Cody M., per California Rules of Court, rule

8.90(b)(10). 2 All statutory references are to the Welfare and Institutions Code

unless otherwise stated. 3 Section 5150, subdivision (a) provides: “When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer . . . may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment,

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firearms prohibition (Bureau of Firearms Forms, form 4009C). His request stated that he was discharged from a mental health facility in 2015. He requested a confidential, private hearing, under section 8103, subdivision (f)(5), that would not be open to the public. A hearing was scheduled for September 15, 2016. Plaintiff requested and the trial court granted a continuance of the hearing to allow time for him to obtain counsel and review records he subpoenaed from the County of Sonoma. On September 26, 2016, plaintiff filed a substitution of attorney identifying his new attorney in the action. On September 30, 2016, plaintiff requested and the trial court granted plaintiff’s request for a dismissal without prejudice. On October 30, 2023, seven years after plaintiff voluntarily dismissed his section 8103 petition, he filed an application to file under seal a motion to seal the entire record of his previous section 8103 petition proceeding. In his motion, he asserted that individuals had become aware of his prior hospitalization for mental health treatment because of his previous section 8103 petition. In his supporting declaration, plaintiff stated that in 2017 he learned that third parties had learned from superior court records that he had filed a section 8103 petition, and they questioned him about his mental health. Plaintiff also stated that on an unspecified date he was questioned in a deposition in an unrelated civil action about his section 8103 petition, his hospitalization, and his mental health diagnosis. His motion requested that the trial court seal the entire record of his section 8103 petition. The trial court granted plaintiff’s request to file his motion under seal. However, the court denied the motion to seal the entire record of the previous