Judge: Lee W. Tsao, Case: 23NWCV01986, Date: 2023-10-03 Tentative Ruling

Case Number: 23NWCV01986    Hearing Date: October 3, 2023    Dept: C

This ex parte involves a childhood sexual abuse case.  Plaintiff submits a Certificate of Corroborative Fact in order to name Doe Defendants 1-6 and Doe Perpetrator in an amended complaint.  Plaintiff previously filed Certificates of Merit for each defendant and a Certificate of Merit from a licensed mental health practitioner.  The ex parte application is DENIED without prejudice. 

CCP 340.1(m)(1) provides, "At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows:  (1)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."

CCP 340.1(n) provides, "The court shall review the application and the certificate of corroborative fact in camera and, based solely on the certificate and any reasonable inferences to be drawn from the certificate, shall, if one or more facts corroborative of one or more of the charging allegations against a defendant has been shown, order that the complaint may be amended to substitute the name of the defendant or defendants.

The Certificate of Corroborative Fact submitted by Plaintiff fails to “set forth in clear and concise terms the nature and substance of the corroborative fact.”  More specificity is required.  No notice is required.