Judge: Douglas W. Stern, Case: 23STCP00613, Date: 2023-10-20 Tentative Ruling

Case Number: 23STCP00613    Hearing Date: October 20, 2023    Dept: 68

Motion for Issuance of Order Pursuant to Cal. Civ. Code Sec. 1798.201

In the Matter of: David Kartch, 23STCP00613

Motion

Petitioner David Kartch filed a Petition pursuant to Civil Code § 1798.201.  He has now filed this motion because he is alleging that the business entity DAGUT Group Inc. is unlawfully using his address in its business filings. A filing of Article of Incorporation with the Secretary of State filed December 31, 2022 shows that a corporation DAGUT Group Inc. lists its “Initial Street Address,” “Initial Mailing Address” and the address of its agent for service of process at Kartch’s address.  He has filed the motion pursuant to Civ. Code § 1798.201.

Petitioner states that:

“I request an Order from this Court compelling the State of California to order the name and associated personal identifying information in the business entity filing of David Gutierrez for DAGUT Group Inc. to be redacted or labeled to show that the data is impersonated and furthermore for the data to be removed from publicly accessible electronic indexes and databases.”

Civil Code § 1798.201 reads as follows:

“A person who has learned or reasonably suspects that his or her personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing, and has initiated a law enforcement investigation in accordance with subdivision (a) of Section 530.6 of the Penal Code, may petition the superior court in the county in which the person resides for an order, which may be granted ex parte, directing the alleged perpetrator of the act described in paragraph (1) of subdivision (c) of Section 530.5 of the Penal Code, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court and show cause for both of the following:

(a) Why the personal identifying information should not be labeled to show the information is impersonated and does not reflect the person’s identity.

(b) Why the personal identifying information should be associated with the business entity.”  (Civil Code § 1798.201.)

Based on the wording of that code section, it appears that DAGUT Group Inc. is entitled to notice of the hearing and an opportunity to appear at the hearing on this motion to explain the use of the address.  There is no indication from the paperwork filed by Mr. Kartch that DAGUT Group Inc. has been served.  Before the Court can hear this motion and grant the requested relief, Mr. Kartch must serve DAGUT Group Inc.

The Court recognizes that part of the problem is that Petitioner does not presently know how to serve the person, David Gutierrez, who appears to have filed the Article of Incorporation that included his address.  Nonetheless, before this Court may adjudicate the matter, the other parties to be impacted should be given the right to participate in this proceeding.  Further, the showing by Petitioner at this time does not establish that any personal identifying information about Petitioner has been used.

Penal Code § 530.5 provides

“(a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense…”

Section 530.55 states:

“(b) For purposes of this chapter, “personal identifying information” means any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver's license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother's maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, United States Citizenship and Immigration Services-assigned number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification.

The Court will not rule on this motion at this time due to the failure of Petitioner to serve the person or entity that will be impacted by the requested order.  The Motion is DENIED without prejudice.