Judge: Thomas D. Long, Case: 22STCV39581, Date: 2023-04-10 Tentative Ruling

Case Number: 22STCV39581    Hearing Date: April 10, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 19, 2022, Plaintiff W.B. filed this action against Doe Defendants, arising from childhood sexual assault.

On April 3, 2022, Plaintiff filed an ex parte application to seal the certificates of merit and approve the certificates of merit and permit service. 

With the ex parte application, Plaintiff filed a Notice of Lodging of Documents Filed Conditionally Under Seal.  Plaintiff did not also provide the Court with electronic, unredacted versions of those documents, as required by Department 48’s procedures that are available on the Court’s website.  However, Plaintiff did previously file unredacted copies, which the Court ordered sealed on its own motion, and this ex parte application refers to those documents that were filed on December 19, 2022.

A.        The Court Will Seal the 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.

On December 28, 2022, Plaintiff filed redacted versions of the Certificates of Merit that only redacted the name of the licensed mental health practitioner.  The entire Certificates of Merit are to be examined in camera.  Therefore, on the Court’s own motion, the Certificates of Merit filed on December 28, 2022 are also ORDERED to be sealed.

B.        Plaintiff May Serve the Defendants.

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 executed separate Certificates of Merit for Doe 1 and Doe 2, and these Certificates of Merit comply with the requirements.  (Code Civ. Proc., § 340.1, subd. (g)-(h).)  The Certificate of Merit from a licensed mental health practitioner also complies 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 1 and Doe 2.  Accordingly, the request for permission to serve Doe 1 and Doe 2 is GRANTED.

C.        Conclusion

The ex parte application is GRANTED.

The Certificates of Merit filed on December 28, 2022 are ORDERED SEALED.

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 10th day of April 2023