Judge: Stephanie M. Bowick, Case: 22STCV23064, Date: 2022-10-12 Tentative Ruling

DEPARTMENT 19 LAW AND MOTION RULINGS
If you desire to submit on a tentative ruling, you may do so by e-mailing Dept. 19 before 08:00 a.m. on the day of the motion hearing. The e-mail address for submitting is SMCDept19@lacourt.org. The heading on your e-mail must contain the case name and number, and that you submit. For example, "Smith v. Jones BC551124, submit". The message should indicate your name, contact information, and the party you represent.

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Case Number: 22STCV23064    Hearing Date: October 12, 2022    Dept: 19

The hearing on Application For An Order to Name and Serve Doe Defendant Pursuant to Code of Civil Procedure Section 340.1 is CONTINUED to December 21, 2022, at 8: 30 a.m. in Department 19 of the Stanley Mosk Courthouse.  No notice is required by moving parties.

While Plaintiffs properly named defendants by “Doe” designation, (see Code Civ. Proc., § 340.1(l)), Plaintiffs have not obtained an order allowing them to proceed in the action under the pseudonyms John Doe #1 R.H. and John Doe #2 F.R. As explained by the Court of Appeal in Department of Fair Employment and Housing v. Superior Court of Santa Clara County (2022) 82 Cal.App.5th 105, 109-113, Plaintiffs must first obtain an order to proceed in the action under the pseudonyms by making the requisite showing of an overriding interest pursuant to the overriding interest test set forth in NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. (Id. at. 109-113.)

Thus, the Court sets a hearing on Plaintiffs Motion to Proceed As Pseudonyms for November 18, 2022, at 9:00 a.m., in Department 19 of the Stanley Mosk Courthouse to provide Plaintiffs an opportunity to submit briefing on the issue. If Plaintiffs fail to make the requisite showing, then Plaintiffs cannot proceed using the anonymous pseudonyms.  Plaintiffs are ordered to reserve the first available hearing date on the Court Reservation System (CRS), obtain a reservation number, and call the Clerk in Department 19 at (213) 633-0519 to provide the reservation number and request the motion hearing be advanced to November 18, 2022.  Plaintiffs’ briefing is to be filed per code. No notice is required by moving parties.