Judge: Stephanie M. Bowick, Case: 23STCV14354, Date: 2023-08-10 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.
PLEASE NOTE, The above e-mail address is only to inform the Court of your submission on the tentative ruling. All other inquiries or correspondence will not receive a response.
Case Number: 23STCV14354 Hearing Date: August 10, 2023 Dept: 19
RULING
Plaintiff D.M.’s Ex Parte
Application To Seal Certificates Of Merit, Permit Service On Doe Defendant,
Permit Plaintiff To File An Amended Complaint, And Permit Plaintiff To Proceed
Under A Fictitious Name is GRANTED.
The Court sets a Non-Appearance
Case Review Re: Revised Proposed Order for August 17, 2023, in Department 19 of the
Stanley Mosk Courthouse.
The Court GRANTS Plaintiff’s request to file the Certificates of Merit under seal. (See Cal. R. Ct., 2.585(b).) The Certificates of Merit may not be disclosed without a court order. (See id.).
The Court also orders that the Certificate of Corroborative Fact not be disclosed to the public or any party to the litigation other than Plaintiff. (See Code Civ. Proc., § 340.1(o).)
Pursuant to Code of Civil Procedure section 340.1, subdivision (g), the Court has reviewed, in camera, the Certificates of Merit filed under seal with respect to Defendant DOE 1. 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 Defendant DOE 1. Thus, the duty to serve Defendant DOE 1 with process is attached. (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 Defendant DOE 1 has been shown. Thus, the Court GRANTS Plaintiff’s request for an order permitting Plaintiff to file an amended complaint substituting the name of Defendant DOE 1. (See Code Civ. Proc., § 340.1(n).)
Finally, after consideration of the Certificates of Merit and the Certificate of Corroborative Fact, the Court finds that Plaintiff has adequately shown an overriding interest for Plaintiff to proceed under the fictitious name and GRANTS Plaintiff’s request for an order permitting Plaintiff to proceed as “D.M.” (See Department of Fair Employment and Housing v. Superior Court of Santa Clara County (2022) 82 Cal.App.5th 105, 109-113.)
No notice of this ruling is required by
Plaintiff at this time under the circumstances.