Judge: Robert B. Broadbelt, Case: 24STCV23347, Date: 2024-10-03 Tentative Ruling

Case Number: 24STCV23347    Hearing Date: October 3, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 V.L., a minor, by and through her guardian ad litem, R.L.

RESPONDING PARTY:       n/a

Ex Parte Application for Appointment of Guardian ad Litem Under Pseudonym

On September 13, 2024, V.L., minor plaintiff, filed an Application for Appointment of Guardian Ad Litem—Civil and Family Law, requesting an order appointing R.L. as her guardian ad litem in this action.

On September 13, 2024, the clerk issued a “Notice of Rejection of Electronic Filing,” stating that the Order for Appointment of Guardian Ad Litem was rejected because plaintiff V.L. did not submit a separate ex parte request to use a pseudonym under Code of Civil Procedure section 372.5.  (Sep. 13, 2024 Notice.)

V.L. now moves the court for an order permitting R.L. to apply for appointment as her guardian ad litem with a pseudonym.

The court finds that (1) R.L has an overriding interest in preserving his anonymity to ensure that the identity of minor plaintiff V.L., who alleges claims of sexual abuse, sexual assault, and the distribution of child pornography, remains anonymous, which supports permitting R.L. to appear under a pseudonym; (2) there is a substantial probability that R.L.’s interest in preserving his and V.L.’s anonymity will be prejudiced if he is not permitted to appear under a pseudonym; (3) permitting R.L. to appear under a pseudonym is narrowly tailored to serve his interest in preserving anonymity without unduly prejudicing the public’s right of access or the ability of other parties to prosecute, defend, or resolve the action; and (4) there are no less restrictive means of protecting R.L.’s interest in preserving his, and V.L.’s, anonymity.  (Code Civ. Proc., § 372.5, subd. (c); Compl., ¶ 14; Ramey Decl., ¶¶ 2, 5.)

The court therefore grants plaintiff V.L.’s ex parte application as follows.

The court orders that applicant R.L. shall be permitted to apply for appointment as the guardian ad litem for V.L. in this action under a pseudonym.  (Code Civ. Proc., § 372.5, subd. (a) [“The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section”].)

The court notes that R.L. has filed, but the court has denied, an application for the appointment of guardian ad litem.  The court does not appoint R.L. as guardian ad litem pursuant to this order.  R.L. must file an amended “Application for Appointment of Guardian Ad Litem—Civil and Family Law” on Judicial Council form CIV-010/FL-935 (and an amended proposed “Order Appointing Guardian Ad Litem—Civil and Family Law” on Judicial Council form CIV-011/FL-936), so that the application may be ruled on by the judicial officer that determines applications for appointment of guardian ad litem.

The court directs the clerk to give notice of this order to plaintiff. 

IT IS SO ORDERED.

DATED:  October 3, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court