Hazari v. Superior Court of Santa Clara County

Background

On August 25, 2021, the court granted Cyrus Hazari’s request to file medical records under seal. On September 8, 2021, it granted another request to seal medical records, stayed the case, and denied Defendant Mandy Brady’s pending motion to dismiss without prejudice. The court had stated that Brady could seek permission to lift the stay if she showed good cause.

Brady then asked the court to require Hazari to show cause—meaning explain why a particular order should not be entered—why the medical records should remain sealed. She argued that she needed to review the records to determine whether good cause existed to lift the stay. Her request also implicitly asserted that Hazari had not served her with the sealing motions and documents, as generally required by the federal and local procedural rules. The court noted that Hazari was representing himself but still had to follow those rules.

Ruling

The court ordered Hazari to show cause in writing by October 12, 2021, why he should not be required to serve Brady with his motions to seal and the accompanying documents.

The court denied Brady’s request to require Hazari to show cause why the documents should be maintained under seal. It stated that it would revisit whether the records should remain sealed when it considered the merits of Hazari’s claims. The court also stated that it would consider Brady’s request that Hazari post security when deciding whether the stay should be lifted.

Effect of the Order

The order addressed service of the sealing papers and deferred reconsideration of the records’ sealed status. It did not decide whether the records ultimately should remain under seal or whether the stay should be lifted.