Request,Application: Jason Neel vs United States Real Estate Corporation, et al

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                                Barbara Witt
                   1021 S. Kimbrel Ave.
                   Panama City, Florida 32404
                   Tel.: 805-381-1693

                   In pro per Applicant

                                          SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                              IN AND FOR THE COUNTY OF SANTA CRUZ
                                                                        RK   ok

                   JASON NEEL,                                               Case No.: 22CV01758
                                            Plaintiff,                       EX PARTE REQUEST TO
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                                                                             REDACT PORTIONS OF
            11                                                               APPLICATION AND ORDER
                                                                             FOR APPOINTMENT OF
            12     SUPERIOR LOAN SERVICING; ASSET                            GUARDIAN AD LITEM
                   DEFAULT MANAGEMENT,                   INC.; UNITED        [CRC 2.551(a)|; PROPOSED
            13     STATES REAL ESTATE CORPORATION;                           ORDER
                   CNA EQUITIES GROUP, LLC;
            14     AND RUSHMYFILE, BUSINESS
            15     ENTITY FORM UNKNOWN, and
                   VIGIL REAL ESTATE, BUSINESS ENTITY
            16     FORM UNKNOWN, and DOES 1 to 50,
            17     inclusive,

            18                              Defendants.

            19

            20             COMES NOW Application BARBARA WITT who submits this Application to redact
           21      certain portions of her Application and Order for Appointment of Guardian ad Litem based on the
           22      medical privacy of her nephew, Plaintiff JASON NEEL (“Plaintiff”).
           23                                        DECLARATION OF BARBARA WITT

           24              I, BARBARA WITT, declare and say that:

           25              1    I am adult living in the State of Florida and the maternal aunt of Jason Neel, the Plaintiff
           26                   in the above-captioned case. Jason’s parents are both deceased, and he was an only child.

           27                   As far as I know I am his only living relative.

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Fresno, CA 93721                          REQUEST TO FILE REDACTED APPLICATION AND ORDER
                                               FOR APPOINTMENT OF GUARDIAN AD LITEM
2.   Ifcalled upon to testify as to the matters stated herein I could and would do so
                        competently and willingly.

                        The matters stated in this declaration are personally known to me; those which are not are
                        stated based on information and belief to the best of my knowledge.

                        Tam aware that Jason has filed an action against various defendants concerning
                        fraudulent real estate transactions in which two different powers of attorney were used to
                        withdrawn hundreds of thousands of dollars of equity from his home without his
                        knowledge or consent and that none of the money was paid to or used by him. The basis
                        of that lawsuit is that Jason was not competent at the time the Powers of Attorney were

            10          signed to protect his own financial affairs, which based on my interactions with him at

            11          the time I believe to be true. The lawsuit was filed to stop a non-judicial foreclosure on

            12          the obligations created through the alleged fraud and expunge the obligation and lien

            13          from Jason’s property.

            14          I recently became aware that Jason was experiencing issues that have made it difficult for

            15          the attorneys to represent him in this case. Therefore I am convinced that unless a

            16          Guardian ad Litem is appointed to represent Jason’s interests in the lawsuit he could be at|

            17          substantial risk of losing the case and his property. It is for this reason that I am

            18          submitting to Court the Application and Order for Appointment of Guardian ad Litem.

            19          The Application contains private medical information about Jason in §5(d) which I

           20           request be redacted from the records available the public. A true and correct copy of the

           21           Redacted Application is attached hereto as Exhibit A. A copy of the full document will

           22           be electronically filed with the court along with a cover sheet indicating that the filing is

           23           subject to a Request to File Pleadings with Redaction. (CRC 2.551(b)(6), (d), and (e).)
                        I request that this redaction be permitted based on Jason’s medical privacy as a
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                        recognized privilege in California. (See Huffy Corp. v. Sup. Cr. (Winterthus Swiss Ins.
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                        Co.) (2003) 112 Cal.App.4" 97, 108.)

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Fresno, CA 93721                  REQUEST TO FILE REDACTED APPLICATION AND ORDER
                                       FOR APPOINTMENT OF GUARDIAN AD LITEM
I declare under penalty of perjury according to the laws of the State of Florida that the
                    foregoing is true and correct.

                    DATED: April 27, 2023
                                                                     hickegaa tl =
                                                                      ORDER

                             Based on the Declaration of Barbara Witt and good cause appearing, the Court makes the
                    following findings:
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                             1   An overriding interest by way Plaintiff Jason Neel’s medical privacy exists that
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                                 overcomes the right of public access to the record;
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                                 The overriding interest of medical privacy supports redaction of the records;
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                                 A substantial probability exists that the Jason Neel and his medical privacy will be
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                                 prejudiced if the record is not redacted;
            13                   The proposed redaction is narrowly tailored to both protect Mr. Neel’s privacy and the
            14                   right of the public to have access to court records; and
            15             5. No less restrictive means exist to achieve the protection of Mr. Neel’s overriding interest.
            16      Accordingly, and based on these findings, the Clerk of this Court is instructed to file the redacted
            17      version of the Application and Order for Appointment of Guardian ad Litem.
            18
                    DATED:
            19                                                       Judge of the Superior Court
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Fresno, CA 93721                           REQUEST TO FILE REDACTED APPLICATION AND ORDER
                                                FOR APPOINTMENT OF GUARDIAN AD LITEM