Judge: Kevin C. Brazile, Case: BC674357, Date: 2022-09-16 Tentative Ruling

Hearing Date: September 16, 2022

Case Name: Jane TD Doe v. Doe 1, et al.

Case No.: 22STCV23474 

Matter: Certificate of Merits

Ruling: The Certificates of Merit are approved.  Defendants may be served.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a matter relating to childhood sexual abuse brought by the Plaintiff, who is now over 40 years old.  Code Civ. Proc. § 340.1 provides,

(g)  Every plaintiff 26 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (h). 

(h) Certificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts which support the declaration:

(1) That the attorney has reviewed the facts of the case, that the attorney has consulted with at least one mental health practitioner who is licensed to practice and practices in this state and who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and that the attorney has concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action. The person consulted may not be a party to the litigation.

(2) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, that the practitioner is not treating and has not treated the plaintiff, and that the practitioner has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of his or her knowledge of the facts and issues, that in his or her professional opinion there is a reasonable basis to believe that the plaintiff had been subject to childhood sexual abuse.

. .  .

(i) Where certificates are required pursuant to subdivision (g), the attorney for the plaintiff shall execute a separate certificate of merit for each defendant named in the complaint.

(j) In any action subject to subdivision (g), no defendant may be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (h) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant. At that time, the duty to serve that defendant with process shall attach.

The Court has reviewed the certificates of merit.  Plaintiff’s counsel has filed a certificate with respect to both Doe 1 and Doe 2.  A mental health practitioner has also submitted a declaration.  The Court finds that there is a reasonable basis to file suit against the Defendants.  The certificates of merit are approved and Defendants may now be served.

Moving party to give notice. 

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.