Judge: William A. Crowfoot, Case: 22GDCV01017, Date: 2023-01-31 Tentative Ruling

Case Number: 22GDCV01017    Hearing Date: January 31, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

I.         INTRODUCTION

          On December 14, 2022, Plaintiff John Doe B.N. (“Plaintiff”) filed a complaint against Defendants Defendant Doe 1, Council, and Does 2 through 40 (“Defendants”) for four causes of action: (1) negligence; (2) negligence supervision of a minor; (3) negligent hiring and or retention; and (4) sexual battery.  This action arises out of the childhood sexual assault of Plaintiff when Plaintiff was a minor. 

          On December 23, 2022, Plaintiff filed a motion to seal certificates of merit.  The motion is made pursuant to CCP section 340.1.  

II.      DISCUSSION

Legal Standard

Code of Civil Procedure requires certificates of merit be filed in a childhood sexual case brought by a plaintiff 26 years of age or older. (Code Civ. Proc. §§ 340.1, subds. (g-j).) Specifically, a plaintiff must file a certificate of merit executed by his/her attorney and a certificate of merit executed by a licensed mental health practitioner. (Id., subd. (h)(1-2).)

Essentially, the certificates must vouch for the fact that there is “reasonable and meritorious cause” for filing the action. 

The certificate of merit procedure culminates with an in-camera review by a judge before the complaint can be served. (Id., subd. (i).)  The court plays a gatekeeper role where it ensures there is a reasonable and meritorious cause for filing an action against the defendant. (Ibid.)

Analysis

          In this case, Plaintiff, who was over the age of 40 at the time his complaint was filed, brings an action for alleged sexual abuse endured when he was a minor.  He now submits the required certificates of merit and concurrently moves the court to seal those certificates.  Specifically, Plaintiff, has proffered a certificate of merit by a mental health practitioner, and one by an attorney, both made on December 14, 2022.  Plaintiff states that these certificates clearly demonstrate that, in the opinion of both Plaintiff’s attorney and a qualified mental health practitioner, there is reason to believe Plaintiff was subject to the childhood sexual abuse alleged in the complaint. The Court, having reviewed the Certificates of Merit filed under seal, agrees and finds that they demonstrate a reasonable and meritorious cause for the filing of the action.

          Plaintiff also requests that the certificates of merit should be filed under seal.  The certificates from counsel and the mental health practitioner contain information that is protected by both the attorney-client and work product privileges, as they both contain impressions, conclusions, and opinions regarding the issues in a Plaintiff’s case.  (Code Civ. Proc., §2018.030; Code Evid., §§954-955; Code Evid., §§1010, 1013-1014.)  Thus, revealing the certificates of merit prejudices Plaintiff.  The sealing is limited to the certificates of merit and there is no less restrictive means to achieve the overriding interest of protecting the parties’ privacy interest and the privileged nature of the documents.¿¿ 

          Based on the foregoing,¿Plaintiff’s motion to seal certificates of merit is GRANTED.  

III.      CONCLUSION

¿Plaintiff’s motion to seal certificates of merit is GRANTED.  

Moving party to give notice. 

            Parties who intend to submit on this tentative must send an email to the Court at alhdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.