Judge: Craig Griffin, Case: "Doe v. Tax Rise, Inc.", Date: 2023-08-28 Tentative Ruling

Plaintiff’s Motion for an Order to Proceed Under a Pseudonym is DENIED.

“Before a party to a civil action can be permitted to use a pseudonym, the trial court must conduct a hearing and apply the overriding interest test: A party's request for anonymity should be granted only if the court finds that an overriding interest will likely be prejudiced without use of a pseudonym, and that it is not feasible to protect the interest with less impact on the constitutional right of access. In deciding the issue the court must bear in mind the critical importance of the public's right to access judicial proceedings. Outside of cases where anonymity is expressly permitted by statute, litigating by pseudonym should occur ‘only in the rarest of circumstances.’ (internal citation omitted)” (Department of Fair Employment Housing v. Superior Court of Santa Clara County (2022) 82 Cal.App.5th 105, 111-112. )

Plaintiff’s declaration states that he fears that if his identity is revealed it may prevent him from obtaining future jobs, and make it difficult to maintain a personal life without public stigmatization, humiliation, and embarrassment.  Plaintiff has not articulated any greater threat of retaliation or harm that would occur as a result of suing in his true name beyond a speculative fear based on employers being afraid to hire candidates that have sued previous employers. This same risk arises in any employment case and is based simply on the act of filing a lawsuit not the actual allegations in the complaint. Plaintiff has not asserted any overriding interest that will likely be prejudiced without the use of a pseudonym, let alone one that would outweigh the public’s right to access judicial proceedings. As noted above, litigating by pseudonym outside of specific statutory permission is to be granted “only in the rarest of circumstances”, and Plaintiff has not shown he is facing any greater threat of retaliation than the typical non-anonymous plaintiff in an employment case. As such, the motion is DENIED.

Moving party to give notice.