Judge: Thomas D. Long, Case: 22STCV39343, Date: 2023-02-27 Tentative Ruling

Case Number: 22STCV39343    Hearing Date: February 27, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 19, 2022, Plaintiff D.S. filed this action against Doe School and Doe Archdiocese, arising from childhood sexual assault.  On February 23, 2023, Plaintiff filed ex parte applications to seal the certificates of merit and permit service on the defendants.

EX PARTE APPLICATIONS

A.        Seal Certificates of Merit

A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file 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).)

Because records examined in camera must be filed under seal (California Rules of Court, rule 2.585(b)), the request to seal Plaintiff’s Certificates of Merit is granted.

B.        Permit Service on Defendant

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 Certificates of Merit comply with Code of Civil Procedure section 340.1, subdivision (g).  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 School and Doe Archdiocese.  Accordingly, the request for permission to serve Doe School and Doe Archdiocese is granted.

C.        Conclusion

The ex parte applications are GRANTED.

ORDER TO SHOW CAUSE

Based on the Complaint’s allegations, it appears that this action may be related to an ongoing Judicial Council Coordinated Proceeding.  Accordingly, an Order to Show Cause Re: Coordination is scheduled for 03/20/2023 at 08:30 AM in Department 48 at Stanley Mosk Courthouse (March 20, 2023).

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 27th day of February 2023