Judge: Theresa M. Traber, Case: 22STCV38993, Date: 2023-01-10 Tentative Ruling

Case Number: 22STCV38993    Hearing Date: January 10, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 10, 2023                   TRIAL DATE: NOT SET

CASE:                         N.B. v. County of Doe

CASE NO.:                 22STCV38993           

EX PARTE APPLICATION TO NAME DEFENDANT IN AMENDED COMPLAINT AND SEAL CERTIFICATE OF CORROBORATIVE FACT

MOVING PARTY:               Plaintiff N.B.

RESPONDING PARTY(S): Defendant Counyt of DOE

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:     


                
The Court has reviewed Plaintiff’s Ex Parte Application and Memorandum to Name Defendant in Amended Complaint and Seal Certificate of Corroborative Fact, and supporting documents.  The Court concludes that the Certificate of Corroborative Fact does not satisfy the requirements of Code of Civil Procedure section 340.1(m)(1), which provides:  “If the corroborative fact is evidenced by the statement of a witness . . . , the certificate shall declare that the attorney has personal knowledge of the statement of the witness . . . , and the identity and location of the witness . . . shall be included in the certificate.”  Here, the Certificate of Corroborative Fact identifies witnesses whose testimony supports Plaintiff’s allegations but the “location” of each witness is not disclosed. 

Accordingly, the Court continues the hearing on Plaintiff’s Ex Parte Application to January 30, 2023 at 8:30 a.m. to allow Plaintiff to submit a revised Certificate of Corroborative Fact that includes the required information.  Plaintiff’s revised Certificate of Corroborative Fact is ordered to be lodged conditionally under seal at lease two (2) court days before the continued hearing.