Judge: Cherol J. Nellon, Case: 23STCV25147, Date: 2024-02-21 Tentative Ruling

Case Number: 23STCV25147    Hearing Date: February 21, 2024    Dept: 14

Case Background

Plaintiff alleges that she is being harassed by unidentified persons who are posting her information on public websites, variously and falsely indicating that there is a garage sale at her home, or that she is selling adult toys, and so on.

On October 16, 2023, Plaintiff filed her Complaint for (1) Defamation, (2) False Light, (3) Negligence, (4) Civil Harassment, (5) Intentional Infliction of Emotional Distress (“IIED”), (6) Negligent Infliction of Emotional Distress (“NIED”), and (7) Declaratory Relief against Defendants DOES 1-20.

No trial date has yet been set.

Instant Motion

Plaintiff now moves this court for an order permitting her to serve document discovery on third parties to seek the identities of the individuals who have committed the alleged wrongful acts.

Decision

            The motion is GRANTED, in part. Plaintiff may serve discovery on third parties, but the contours of that discovery are beyond the scope of the present motion.

Discussion

            Generally speaking, discovery only commences after a defendant has been served. See Code of Civil Procedure § 2025.210. However, the court may permit discovery to proceed before that, if there is good cause. See Code of Civil Procedure § 2031.020. Here, there is good cause – Plaintiff cannot serve the Defendants unless she can identify them, and she cannot identify them without discovery.

            The third parties who have filed opposition do not object to early discovery, so much as they object to the form of the requests directed to them, and to the form of the order proposed by Plaintiff. These objections have some merit, in that Plaintiff’s proposed order has combined two separate issues: permission to serve early discovery, and the exact shape that discovery should take.

            The court will not sign Plaintiff’s proposed order, because paragraph 1 invites the court to pre-judge the case, and paragraph 4 goes beyond the proper scope of the motion. The contours of discovery, and what each involved entity will do, is a matter to be negotiated between counsel in the first instance. If counsel cannot agree, then the court remains available to address any specific disputes as they arise.

Conclusion

            Plaintiff is attempting to take the steps two at a time here. The motion is GRANTED, in part. Plaintiff may serve discovery on third parties, but the contours of that discovery are a separate question.