Judge: Elaine Lu, Case: 22PSCV03133, Date: 2025-04-15 Tentative Ruling

Case Number: 22PSCV03133    Hearing Date: April 15, 2025    Dept: 9

On December 30, 2022, Plaintiff Ingrid Galarza (“Plaintiff”) filed the instant action for childhood sexual abuse.  On January 10, 2023, the instant action was found related to the MacLaren Hall Cases (Lead Case 21STCV20949) which all arise out of incidents and claims of alleged sexual abuse that occurred at MacLaren Hall between 1960-2004.  (Minute Order 1/10/23.) 

On March 18, 2025, the Court struck the First Amended Complaint because Plaintiff had failed to comply with Code of Civil Procedure section 340.1(l).  (Minute Order 3/18/25.)  The Court also found various defects in the certificates of merit and certificate of corroborative fact and denied Plaintiff’s respective ex parte applications. (Minute Order 3/18/25.) 

The Court ordered Plaintiff to file the necessary documents by April 8, 2025 and set an Order to Show Cause Re: Compliance with Code of Civil Procedure section 340.1 set for April 15, 2025.  (Minute Order 3/18/25.)

Plaintiff has not yet fully complied with the Court’s March 18, 2025 Order. 

Plaintiff filed documents on April 11, 2025. 

However, Plaintiff has failed to publicly file redacted versions of the Certificate of Merit for each Doe Defendant.  The Court is only in receipt of the unredacted Certificate of Merit for each Doe Defendant filed under seal entitled “In Camera Filing Of Unredacted Certificate Of Merit For Ingrid Galarza Versus Doe 1 To Seal Pursuant To CCP Section 340.1(F)(1).” and “In Camera Filing Of Unredacted Certificate Of Merit For Ingrid Galarza Versus Doe 2 To Seal Pursuant To CCP Section 340.1(F)(1).” 

Plaintiff has also failed to publicly file a redacted version of the Attorney Certificate of Corroboration for Doe 2.   The Court is only in receipt of the unredacted Attorney Certificate of Corroboration for Doe 2 filed under seal entitled “In Camera Filing Of· Attorney Toveg Unredacted Certificate Of Corroborative Fact For Galarza Versus Doe 2 To Seal Pursuant To CCP Sectio 340.1(1)(1).”

Plaintiff must publicly file the redacted versions of the Certificate of Merit for each Doe Defendant and the Attorney Certificate of Corroboration for Doe 2 by no later than April 29, 2025.

The OSC re Compliance with Code of Civil Procedure section 340.1 is CONTINUED TO MAY 6, 2025 at 10 AM.  Plaintiff’s Counsel is ordered to appear on May 6, 2025 at 10 am in Department 9 and show cause why sanctions should not be imposed for failure to comply with Code of Civil Procedure section 340.1.

Court Clerk to give electronic notice.