Judge: Armen Tamzarian, Case: 22STCV39648, Date: 2023-09-29 Tentative Ruling

Case Number: 22STCV39648    Hearing Date: March 27, 2024    Dept: 52

Plaintiff T.S.’s Motion Pursuant to Code of Civil Procedure Section 340.1 for an Order to Name Doe Defendants

Plaintiff T.S. moves under Code of Civil Procedure section 340.1 for an order that plaintiff may amend the complaint to substitute the true names of defendants Doe 1 and Doe 2. 

Amendment to Substitute Names of Doe 1 and Doe 2

Plaintiff shows corroborative facts sufficient to permit amendments to substitute the true names of defendants Doe 1 and Doe 2.  In an action for childhood sexual assault, the plaintiff must designate the defendant as a Doe “until there has been a showing of corroborative fact.”  (CCP § 340.1(l).)  “[I]f one or more facts corroborative of one or more of the charging allegations against a defendant has been shown,” the court shall “order that the complaint may be amended to substitute the name of the defendant or defendants.”  (Id., subd. (m).) 

Plaintiff submitted a certificate of corroborative facts.  The court reviewed the certificate in camera as required under Code of Civil Procedure section 340.1(m).  Based solely on the certificate and the reasonable inferences to be drawn from it, the court finds plaintiff has shown at least one fact corroborative of the charging allegations against Does 1 and Doe 2.  Plaintiff may therefore amend the complaint to substitute the true names of defendants Doe 1 and Doe 2. 

Sealing

The court finds good cause to seal the certificate of corroborative facts.  The general rules for sealing records “do not apply to records that are required to be kept confidential by law.”  (Cal. Rules of Court, rule 2.550(a)(2).)  The court must review “the certificate of corroborative fact in camera” (CCP § 340.1(m)) and “shall keep” the certificate “under seal and confidential from the public.”  (Id., subd. (n).)  The court must seal the certificate. 

Disposition

Plaintiff T.S.’s motion is granted.  The court hereby orders that plaintiff may file amendments to the first amended complaint to substitute the true names of defendants Doe 1 and Doe 2.  The court hereby seals plaintiff’s certificate of corroborative fact.