Judge: Malcolm Mackey, Case: 22STCV39436, Date: 2023-01-30 Tentative Ruling

Case Number: 22STCV39436    Hearing Date: January 30, 2023    Dept: 55

JOHN DOE L.V. v. DEFENDANT DOE 1, COUNCIL                           22STCV39436

Hearing Date:  1/30/23,  Dept. 55

#9:   MOTION TO SEAL CERTIFICATES OF MERIT;  APPLICATION PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 340.1 FOR AN IN CAMERA REVIEW AND FINDING OF REASONABLE AND MERITORIOUS CAUSE FOR FILING OF ACTION;  PERMIT SERVICE ON DOE DEFENDANTS;  FOR AN ORDER TOSEAL AND KEEP CONFIDENTIAL ALL CERTIFICATES OF MERIT.

Notice:  Okay

No Opposition

MP:  Plaintiff

RP:  

Summary

On 12/20/22, Plaintiff filed a Complaint alleging that, when he was a minor, he was the victim of sexual abuse by a Boy Scout adult troop leader.

The causes of action are:

1. NEGLIGENCE;

2. NEGLIGENT SUPERVISION OF A MINOR;

3. NEGLIGENCE: NEGLIGENT HIRING AND/OR RETENTION; and

4. SEXUAL BATTERY.

MP Positions

Moving party requests in camera readings of Certificates of Merit, and an order regarding finding meritorious cause for the action against Doe defendants, and requiring the Certificates to be sealed as confidential, on grounds including the following:

·         Because Plaintiff is over the age of 40 at the time his Complaint was filed, he is precluded from serving the Complaint absent an order pursuant to  procedural requirements codified in Code of Civil Procedure section 340.1.

·         CCP Section 340.1(i) provides:

(i) In any action subject to subdivision (f), a defendant shall not 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 (g) 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.

·         Since the documents are required by law to be kept confidential, the strict requirements of the sealed records rules do not apply to the certificates of merit required by CCP Section 340.1(g). California Rules of Court, Rule 2.550, subd. (a)(2) [“These rules do not apply to records that are required to be kept confidential by law].”

Tentative Ruling

The Court read in camera supporting motion documents lodged under seal.

The motion is granted.  CCP   § 340.1.

The Court makes findings that there is a reasonable and meritorious cause for the filing of the action against the DOE Defendants and that the Certificates of Merit be kept under seal and confidential from the public and all parties.

IF MOVING PARTY SUBMITS ON THE TENTATIVE PLEASE CALL THE COURTROOM AT 213-633-0655*