Judge: Stephanie M. Bowick, Case: 22STCV23064, Date: 2022-12-21 Tentative Ruling
DEPARTMENT 19 LAW AND MOTION RULINGS
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Case Number: 22STCV23064 Hearing Date: December 21, 2022 Dept: 19
1. Plaintiffs John Doe #1 R.H. and John Doe #2 F.R.’s Motion to Proceed Under Pseudonyms is GRANTED. After review of the briefing and the declaration of Andrew Chung, filed on December 8, 2022, the Court finds that Plaintiffs have adequately shown an overriding interest for Plaintiffs to proceed under the pseudonyms.
The Court signs the [Proposed] Order filed on October 28, 2022.
2. Plaintiffs John Doe #1 R.H. and John Doe #2 F.R.’s Application for an Order to Name and Serve Doe Defendant Pursuant to Code of Civil Procedure Section 340.1 is GRANTED.
As an initial matter, while Plaintiffs, on September 26, 2022, filed a Notice of Lodgment indicating that the Certificates of Merit were lodged conditionally under seal, and lodged the Certificates of Merit with the Court, Plaintiffs also publicly filed the Certificates of Merit on July 27, 2022. Since Code of Civil Procedure section 340.1, subdivision (i) requires the Court to review the Certificates of Merit in camera before the duty to serve the applicable defendants attaches, the Certificates of Merit should not have been publicly filed pursuant to California Rules of Court, rule 2.585.
As such, the Court orders the Clerk to seal the seven Certificates of Merit filed on July 27, 2022. The Certificates of Merit may not be disclosed without a court order. (See Cal. R. Ct., 2.585(a).)
Pursuant to Code of Civil Procedure section 340.1, subdivision (g), the Court has reviewed, in camera, the Certificates of Merit with respect to Defendants DOE 1, DOE 2, and DOE 3. The Certificates of Merit set forth the information required to be set forth pursuant to Code of Civil Procedure section 340.1, subdivision (g). After consideration of the Certificates of Merit, the Court finds, based solely on the Certificates of Merit, that there is reasonable and meritorious cause for the filing of the action against Defendants DOE 1, DOE 2, and DOE 3. (See Code Civ. Proc., § 340.1(i).)
Pursuant to Code of Civil Procedure section 340.1, subdivision (m), the Court has reviewed, in camera, the Certificate of Corroborative Fact and finds, based solely on the Certificate of Corroborative Fact and any reasonable inferences to be drawn from it, that one or more facts corroborative of one or more of the charging allegations against Defendants DOE 1, DOE 2, and DOE 3 have been shown. Thus, Plaintiffs may amend the Complaint to substitute the names of Defendants DOE #1, DOE #2, and DOE #3. (See Code Civ. Proc., § 340.1(n).)
Pursuant to Code of Civil Procedure section 340.1, subdivision (o), the Court keeps the Certificate of Corroborative Fact under seal and confidential from the public and all parties to the litigation other than Plaintiffs.
The Court orders Plaintiffs to file a Proposed Order that includes all of the above on or before January 4, 2023.