Judge: Joel L. Lofton, Case: 23AHCV00009, Date: 2024-03-20 Tentative Ruling
Case Number: 23AHCV00009 Hearing Date: March 20, 2024 Dept: X
Tentative Ruling
Judge Joel L. Lofton,
Department X
HEARING DATE: March 20, 2024 TRIAL DATE: No date set.
CASE: BARBARA WAFFER, v.
DOES 1 THROUGH 200, INCLUSIVE (PER CCP SECTION 474), DOES 201 THROUGH 208,
INCLUSIVE (PER CCP SECTION 340.1)
CASE NO.: 23AHCV00009
MOTION
TO SEAL
MOVING PARTY: Plaintiff Barbara Waffer
RESPONDING PARTY: No
response filed.
SERVICE: Filed December 13, 2023
RELIEF
REQUESTED
Plaintiff moves for an order
sealing the certificate of corroborative facts.
BACKGROUND
This case arises out of Plaintiff Barbara
Waffer’s (“Plaintiff”) claim she was sexually assaulted in or around 1963.
Plaintiff brings this claim pursuant to Code of Civil Procedure section 340.1
TENTATIVE RULING
Plaintiff's motion to seal the
certificates of corroborative facts is GRANTED.
DISCUSSION
Plaintiff moves for an order
sealing the certificate of corroborative facts.
California Rules of Court, rule 2.585,
subdivision (a), provides: “If a confidential in-camera proceeding is held in
which a party is excluded from being represented, the clerk must include in the
minutes the nature of the hearing and only such references to writings or
witnesses as will not disclose privileged information.” Further, Rule 2.585,
subdivision (b), provides: “Records examined by the court in confidence under
(a), or copies of them, must be filed with the clerk under seal and must not be disclosed without court
order.” Here, under Code of Civil Procedure
section 340.1, subdivision (i), the
certificates of merit are to be reviewed in camera. Thus, Plaintiff's motion to
seal the certificates of corroborative facts is granted.
CONCLUSION
Plaintiff's motion to seal the
certificates of corroborative facts is GRANTED.
Dated: March 20, 2024 ___________________________________
Joel
L. Lofton
Judge
of the Superior Court