SECTIONS 2017.310-2017.320 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2017.310-2017.320

2017.310. (a) Notwithstanding any other provision of law, it is the
policy of the State of California that confidential settlement
agreements are disfavored in any civil action the factual foundation
for which establishes a cause of action for a violation of the Elder
Abuse and Dependent Adult Civil Protection Act (Chapter 11(commencing
with Section 15600) of Part 3 of Division 9 of the Welfare and
Institutions Code).
(b) Provisions of a confidential settlement agreement described in
subdivision (a) may not be recognized or enforced by the court
absent a showing of any of the following:
(1) The information is privileged under existing law.
(2) The information is not evidence of abuse of an elder or
dependent adult, as described in Sections 15610.30, 15610.57, and
15610.63 of the Welfare and Institutions Code.
(3) The party seeking to uphold the confidentiality of the
information has demonstrated that there is a substantial probability
that prejudice will result from the disclosure and that the party's
interest in the information cannot be adequately protected through
redaction.
(c) Nothing in paragraph (1), (2), or (3) of subdivision (b)
permits the sealing or redacting of a defendant's name in any
information made available to the public.
(d) Except as expressly provided in this section, nothing in this
section is intended to alter, modify, or amend existing law.
(e) Nothing in this section may be deemed to prohibit the entry or
enforcement of that part of a confidentiality agreement, settlement
agreement, or stipulated agreement between the parties that requires
the nondisclosure of the amount of any money paid in a settlement of
a claim.
(f) Nothing in this section applies to or affects an action for
professional negligence against a health care provider.

2017.320. (a) In any civil action the factual foundation for which
establishes a cause of action for a violation of the Elder Abuse and
Dependent Adult Civil Protection Act (Chapter 11 (commencing with
Section 15600) of Part 3 of Division 9 of the Welfare and
Institutions Code), any information that is acquired through
discovery and is protected from disclosure by a stipulated protective
order shall remain subject to the protective order, except for
information that is evidence of abuse of an elder or dependent adult
as described in Sections 15610.30, 15610.57, and 15610.63 of the
Welfare and Institutions Code.
(b) In that instance, after redacting information in the document
that is not evidence of abuse of an elder or dependent adult as
described in Sections 15610.30, 15610.57, and 15610.63 of the Welfare
and Institutions Code, a party may file that particularized
information with the court. The party proposing to file the
information shall offer to meet and confer with the party from whom
the information was obtained at least one week prior to filing that
information with the court.
(c) The filing party shall give concurrent notice of the filing
with the court and its basis to the party from whom the information
was obtained.
(d) Any filed information submitted to the court shall remain
confidential under any protective order for 30 days after the filing
and shall be part of the public court record thereafter, unless an
affected party petitions the court and shows good cause for a court
protective order.
(e) The burden of showing good cause shall be on the party seeking
the court protective order.
(f) A stipulated protective order may not be recognized or
enforced by the court to prevent disclosure of information filed with
the court pursuant to subdivision (b), absent a showing of any of
the following:
(1) The information is privileged under existing law.
(2) The information is not evidence of abuse of an elder or
dependent adult as described in Sections 15610.30, 15610.57, and
15610.63 of the Welfare and Institutions Code.
(3) The party seeking to uphold the confidentiality of the
information has demonstrated that there is a substantial probability
that prejudice will result from the disclosure and that the party's
interest in the information cannot be adequately protected through
redaction.
(g) If the court denies the petition for a court protective order,
it shall redact any part of the filed information it finds is not
evidence of abuse of an elder or dependent adult, as described in
Sections 15610.30, 15610.57, and 15610.63 of the Welfare and
Institutions Code. Nothing in this subdivision or in paragraph (1),
(2), or (3) of subdivision (f) permits the sealing or redacting of a
defendant's name in any information made available to the public.
(h) Nothing in this section applies to or affects an action for
professional negligence against a health care provider.