Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2185Introduced by Assembly Member ChiuFebruary 12, 2018 An act to amend Section 3275 of the Civil Code, relating to civil law. add Section 422.41 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 2185, as amended, Chiu. Relief. Civil actions: pleadings: party names.Existing law requires the title of the complaint in a civil action to include the names of all parties to the action.This bill would authorize a plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either removal from the United States or long-term restraint of his or her freedom to use a fictitious name to commence and pursue an action. The bill would authorize a defendant to file a motion to challenge the use of the fictitious name and prohibiting the plaintiff from using a fictitious name, as specified. The bill would make an order granting or denying that motion appealable.Existing law authorizes a person who, by reason of his or her failure to comply with an obligation, incurs a forfeiture or a loss, to be relieved from the obligation upon making full compensation to the other party, unless the breach of duty was negligent, willful, or fraudulent, as specified.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 422.41 is added to the Code of Civil Procedure, to read:422.41. (a) A plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either his or her removal from the United States or the long-term restraint of his or her freedom may use a fictitious name to commence and pursue an action, including an action in which the plaintiff requests the appointment of, or seeks to act as, a guardian ad litem.(b) Within 60 days of service of the summons, a defendant to an action commenced by a plaintiff using a fictitious name may challenge the use of the fictitious name by a motion seeking injunctive relief prohibiting the plaintiff from using a fictitious name and that shows, by clear and convincing evidence, either of the following:(1) The plaintiffs privacy interest in concealing his or her true identity is outweighed by prejudice to the defendants or the publics interest in knowing the plaintiffs true identity.(2) The plaintiffs fear relates solely to an imminent and legitimate criminal prosecution that would survive a preliminary hearing in a criminal action.(c) An appeal may be taken from an order granting or denying a motion filed pursuant to subdivision (b).SECTION 1.Section 3275 of the Civil Code is amended to read:3275.If by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he or she may be relieved from the obligation upon making full compensation to the other party, unless the breach of duty was grossly negligent, willful, or fraudulent.
Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2185Introduced by Assembly Member ChiuFebruary 12, 2018 An act to amend Section 3275 of the Civil Code, relating to civil law. add Section 422.41 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 2185, as amended, Chiu. Relief. Civil actions: pleadings: party names.Existing law requires the title of the complaint in a civil action to include the names of all parties to the action.This bill would authorize a plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either removal from the United States or long-term restraint of his or her freedom to use a fictitious name to commence and pursue an action. The bill would authorize a defendant to file a motion to challenge the use of the fictitious name and prohibiting the plaintiff from using a fictitious name, as specified. The bill would make an order granting or denying that motion appealable.Existing law authorizes a person who, by reason of his or her failure to comply with an obligation, incurs a forfeiture or a loss, to be relieved from the obligation upon making full compensation to the other party, unless the breach of duty was negligent, willful, or fraudulent, as specified.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 15, 2018
Amended IN Assembly March 15, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2185
Introduced by Assembly Member ChiuFebruary 12, 2018
Introduced by Assembly Member Chiu
February 12, 2018
An act to amend Section 3275 of the Civil Code, relating to civil law. add Section 422.41 to the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2185, as amended, Chiu. Relief. Civil actions: pleadings: party names.
Existing law requires the title of the complaint in a civil action to include the names of all parties to the action.This bill would authorize a plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either removal from the United States or long-term restraint of his or her freedom to use a fictitious name to commence and pursue an action. The bill would authorize a defendant to file a motion to challenge the use of the fictitious name and prohibiting the plaintiff from using a fictitious name, as specified. The bill would make an order granting or denying that motion appealable.Existing law authorizes a person who, by reason of his or her failure to comply with an obligation, incurs a forfeiture or a loss, to be relieved from the obligation upon making full compensation to the other party, unless the breach of duty was negligent, willful, or fraudulent, as specified.This bill would make nonsubstantive changes to that provision.
Existing law requires the title of the complaint in a civil action to include the names of all parties to the action.
This bill would authorize a plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either removal from the United States or long-term restraint of his or her freedom to use a fictitious name to commence and pursue an action. The bill would authorize a defendant to file a motion to challenge the use of the fictitious name and prohibiting the plaintiff from using a fictitious name, as specified. The bill would make an order granting or denying that motion appealable.
Existing law authorizes a person who, by reason of his or her failure to comply with an obligation, incurs a forfeiture or a loss, to be relieved from the obligation upon making full compensation to the other party, unless the breach of duty was negligent, willful, or fraudulent, as specified.
This bill would make nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 422.41 is added to the Code of Civil Procedure, to read:422.41. (a) A plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either his or her removal from the United States or the long-term restraint of his or her freedom may use a fictitious name to commence and pursue an action, including an action in which the plaintiff requests the appointment of, or seeks to act as, a guardian ad litem.(b) Within 60 days of service of the summons, a defendant to an action commenced by a plaintiff using a fictitious name may challenge the use of the fictitious name by a motion seeking injunctive relief prohibiting the plaintiff from using a fictitious name and that shows, by clear and convincing evidence, either of the following:(1) The plaintiffs privacy interest in concealing his or her true identity is outweighed by prejudice to the defendants or the publics interest in knowing the plaintiffs true identity.(2) The plaintiffs fear relates solely to an imminent and legitimate criminal prosecution that would survive a preliminary hearing in a criminal action.(c) An appeal may be taken from an order granting or denying a motion filed pursuant to subdivision (b).SECTION 1.Section 3275 of the Civil Code is amended to read:3275.If by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he or she may be relieved from the obligation upon making full compensation to the other party, unless the breach of duty was grossly negligent, willful, or fraudulent.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 422.41 is added to the Code of Civil Procedure, to read:422.41. (a) A plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either his or her removal from the United States or the long-term restraint of his or her freedom may use a fictitious name to commence and pursue an action, including an action in which the plaintiff requests the appointment of, or seeks to act as, a guardian ad litem.(b) Within 60 days of service of the summons, a defendant to an action commenced by a plaintiff using a fictitious name may challenge the use of the fictitious name by a motion seeking injunctive relief prohibiting the plaintiff from using a fictitious name and that shows, by clear and convincing evidence, either of the following:(1) The plaintiffs privacy interest in concealing his or her true identity is outweighed by prejudice to the defendants or the publics interest in knowing the plaintiffs true identity.(2) The plaintiffs fear relates solely to an imminent and legitimate criminal prosecution that would survive a preliminary hearing in a criminal action.(c) An appeal may be taken from an order granting or denying a motion filed pursuant to subdivision (b).
SECTION 1. Section 422.41 is added to the Code of Civil Procedure, to read:
### SECTION 1.
422.41. (a) A plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either his or her removal from the United States or the long-term restraint of his or her freedom may use a fictitious name to commence and pursue an action, including an action in which the plaintiff requests the appointment of, or seeks to act as, a guardian ad litem.(b) Within 60 days of service of the summons, a defendant to an action commenced by a plaintiff using a fictitious name may challenge the use of the fictitious name by a motion seeking injunctive relief prohibiting the plaintiff from using a fictitious name and that shows, by clear and convincing evidence, either of the following:(1) The plaintiffs privacy interest in concealing his or her true identity is outweighed by prejudice to the defendants or the publics interest in knowing the plaintiffs true identity.(2) The plaintiffs fear relates solely to an imminent and legitimate criminal prosecution that would survive a preliminary hearing in a criminal action.(c) An appeal may be taken from an order granting or denying a motion filed pursuant to subdivision (b).
422.41. (a) A plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either his or her removal from the United States or the long-term restraint of his or her freedom may use a fictitious name to commence and pursue an action, including an action in which the plaintiff requests the appointment of, or seeks to act as, a guardian ad litem.(b) Within 60 days of service of the summons, a defendant to an action commenced by a plaintiff using a fictitious name may challenge the use of the fictitious name by a motion seeking injunctive relief prohibiting the plaintiff from using a fictitious name and that shows, by clear and convincing evidence, either of the following:(1) The plaintiffs privacy interest in concealing his or her true identity is outweighed by prejudice to the defendants or the publics interest in knowing the plaintiffs true identity.(2) The plaintiffs fear relates solely to an imminent and legitimate criminal prosecution that would survive a preliminary hearing in a criminal action.(c) An appeal may be taken from an order granting or denying a motion filed pursuant to subdivision (b).
422.41. (a) A plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either his or her removal from the United States or the long-term restraint of his or her freedom may use a fictitious name to commence and pursue an action, including an action in which the plaintiff requests the appointment of, or seeks to act as, a guardian ad litem.(b) Within 60 days of service of the summons, a defendant to an action commenced by a plaintiff using a fictitious name may challenge the use of the fictitious name by a motion seeking injunctive relief prohibiting the plaintiff from using a fictitious name and that shows, by clear and convincing evidence, either of the following:(1) The plaintiffs privacy interest in concealing his or her true identity is outweighed by prejudice to the defendants or the publics interest in knowing the plaintiffs true identity.(2) The plaintiffs fear relates solely to an imminent and legitimate criminal prosecution that would survive a preliminary hearing in a criminal action.(c) An appeal may be taken from an order granting or denying a motion filed pursuant to subdivision (b).
422.41. (a) A plaintiff who legitimately fears that revealing his or her true identity would subject him or her to imminent action resulting in either his or her removal from the United States or the long-term restraint of his or her freedom may use a fictitious name to commence and pursue an action, including an action in which the plaintiff requests the appointment of, or seeks to act as, a guardian ad litem.
(b) Within 60 days of service of the summons, a defendant to an action commenced by a plaintiff using a fictitious name may challenge the use of the fictitious name by a motion seeking injunctive relief prohibiting the plaintiff from using a fictitious name and that shows, by clear and convincing evidence, either of the following:
(1) The plaintiffs privacy interest in concealing his or her true identity is outweighed by prejudice to the defendants or the publics interest in knowing the plaintiffs true identity.
(2) The plaintiffs fear relates solely to an imminent and legitimate criminal prosecution that would survive a preliminary hearing in a criminal action.
(c) An appeal may be taken from an order granting or denying a motion filed pursuant to subdivision (b).
If by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he or she may be relieved from the obligation upon making full compensation to the other party, unless the breach of duty was grossly negligent, willful, or fraudulent.