Judge: Thomas D. Long, Case: 22STCV25134, Date: 2023-03-14 Tentative Ruling

Case Number: 22STCV25134    Hearing Date: March 14, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 3, 2022, Plaintiff Jane Doe filed this action against Defendants Dick’s Sporting Goods Inc., Quincy Gomez, and Jennifer (last name unknown).

On February 14, 2023, Plaintiff filed a motion to permit her to litigate by pseudonym.  No oppositions were filed.

“‘[A] party may preserve his or her anonymity in judicial proceedings in special circumstances when the party’s need for anonymity outweighs prejudice to the opposing party and the public’s interest in knowing the party’s identity.’”  (Doe v. Lincoln Unified School Dist. (2010) 188 Cal.App.4th 758, 767, quoting Does I thru XXIII v. Advanced Textile Corp. (9th Cir. 2000) 214 F.3d 1058, 1068.)

Plaintiff alleges that her coworkers Defendants Quincy Gomez and Jennifer sexually battered and assaulted her.  (Complaint ¶ 11.)  Her employer, Dick’s Sporting Goods Inc., continued to schedule her for work at the same time as Quincy Gomez and Jennifer and did not take action, despite Plaintiff’s detailed report and requests.  (Complaint ¶¶ 11-12.)  As a result of Plaintiff’s reports and complaints, Plaintiff was retaliated against and constructively terminated.  (Complaint ¶¶ 12-13.)  Plaintiff argues that her employer’s ratification of the misconduct sends a message that those acts are acceptable, so “there is an appreciable risk that Plaintiff will suffer bullying or other attacks whether in person or by social media if her identity is discovered and available to the general public.”  (Motion at p. 4.)  Additionally, the defendants know Plaintiff’s identity.  (Martinez Decl. ¶ 3.)  “Since the employee’s identity is known to the defendant, proceeding anonymously would not . . . intrude on the defendant’s rights.”  (Department of Fair Employment and Housing v. Superior Court of Santa Clara County (2022) 82 Cal.App.5th 105, 110.)

The Court finds that Plaintiff’s need for anonymity outweighs any prejudice and the public’s interest in knowing her identity.

Accordingly, the motion is GRANTED, and Plaintiff may proceed under the fictitious name “Jane Doe.”

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 14th day of March 2023