Judge: Lee W. Tsao, Case: 22NWCV01441, Date: 2023-10-05 Tentative Ruling

Case Number: 22NWCV01441    Hearing Date: April 2, 2024    Dept: C

A.C. v. Doe 1 22NWCV01441

Plaintiff’s Ex Parte Application for Order to Name and Serve Defendant DOE 1 is DENIED without prejudice.  Plaintiff’s Certificate of Corroborative Fact does not meet the the requirements of CCP 340.1(l), which states: “The application  shall be accompanied by a certificate of corroborative fact executed by the attorney for the plaintiff. The certificate shall declare that the attorney has discovered one or more facts corroborative of one or more of the charging allegations against a defendant or defendants, and shall set forth in clear and concise terms the nature and substance of the corroborative fact. If the corroborative fact is evidenced by the statement of a witness or the contents of a document, the certificate shall declare that the attorney has personal knowledge of the statement of the witness or of the contents of the document, and the identity and location of the witness or document shall be included in the certificate. For purposes of this section, a fact is corroborative of an allegation if it confirms or supports the allegation. The opinion of any mental health practitioner concerning the plaintiff shall not constitute a corroborative fact for purposes of this section.” 

The Declaration submitted by Plaintiff’s Counsel references statements made by Plaintiff as set forth in Exhibit B.  However,  these statements do not "corroborate" the allegations in this case because they were made by Plaintiff about 30 years after the purported abuse occurred.  Accordingly, the Application for Order to Name and Serve DOE 1 is DENIED without prejudice.  The Certificate of Corroborative Fact shall be kept under seal pursuant to CCP 340.1(o). Moving Party to give notice.