Judge: Thomas D. Long, Case: 22STCV24227, Date: 2023-05-16 Tentative Ruling

Case Number: 22STCV24227    Hearing Date: May 16, 2023    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

K.A.,

                        Plaintiff,

            vs.

 

DOE 1, et al.,

 

                        Defendants.

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      CASE NO.: 22STCV24227

 

[TENTATIVE] ORDER GRANTING EX PARTE APPLICATION FOR REVIEW OF CERTIFICATES OF MERIT

 

Dept. 48

8:30 a.m.

May 16, 2023

 

On July 27, 2022, Plaintiff K.A. filed this action against Doe Defendants, arising from childhood sexual assault.  Plaintiff also filed certificates of merit.  Following reassignment to this Department, Plaintiff refiled the certificates of merit.  On February 14, 2023, the Court sua sponte ordered that the certificates of merit be sealed.

  On May 10, 2023, Plaintiff filed an ex parte application for approval of the certificates of merit so she may serve Doe 1.

A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file a certificate of corroborative fact and certificates of merit executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff, and the court must review them in camera.  (Code Civ. Proc., § 340.1, subds. (f)-(g), (i), (n).)  A defendant may not be served until the court has reviewed the certificates of merit in camera and found, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant.  (Code Civ. Proc., § 340.1, subd. (i).)

Plaintiff’s counsel and a licensed mental health practitioner have executed Certificates of Merit, and these Certificates of Merit comply with the requirements.  (Code Civ. Proc., § 340.1, subd. (g)-(h).)  The Court has reviewed Plaintiff’s Certificates of Merit and finds that there is reasonable and meritorious cause for the filing of the action against Doe 1.  Accordingly, the request for permission to serve Doe 1 is granted.

The ex parte application is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

         Dated this 16th day of May 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court