Amended IN Assembly May 17, 2018 Amended IN Assembly April 09, 2018 Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2185Introduced by Assembly Member ChiuFebruary 12, 2018 An act to add Section 422.41 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 2185, as amended, Chiu. 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, including a cross-complainant, to use a pseudonym or fictitious name to commence and pursue an action. The bill would require the court to issue an order to show cause why the plaintiff should be permitted to use a pseudonym on the motion of a party to the action within 60 days of service of the summons and complaint or cross complaint. The bill would authorize a court to issue that order to show cause on its own motion at any time during the pendency of the action. The bill would require the plaintiff to show special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party to discharge the order to show cause. The bill would specify factors to be considered by the court in making its determination. The bill would authorize a plaintiff who has been ordered to be identified to either continue to maintain his or her action or to dismiss the action without prejudice. The bill would make an order granting or denying that motion appealable.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) As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.(b) A plaintiff may use a pseudonym or fictitious name to commence and maintain an action, subject to the requirements of this section.(c) (1) On the motion of any party to the action within 60 days of service of the summons and complaint, the court shall issue an order to show cause why the plaintiff should be permitted to use a pseudonym.(2) In discharging an order to show cause issued pursuant to paragraph (1), the plaintiff using a pseudonym shall have the burden of showing special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party.(3) In determining whether a plaintiff has met his or her burden pursuant to paragraph (2), the court shall consider all relevant factors, including, but not limited to, the following:(A)Whether the plaintiffs use of a pseudonym is intended merely to avoid the annoyance and criticism that may attend any litigation, or is intended to preserve privacy in a sensitive and highly personal matter.(B)(A) Whether identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the party requesting identification identified or to innocent nonparties.(C)(B) Whether the plaintiff legitimately fears that revealing his or her identity could subject him or her to imminent actions that could result in his or her removal from the United States.(D)(C) The age of a person whose privacy interests are sought to be protected.(E)Whether the plaintiffs claims are asserted against a governmental or private party.(F)The risk of prejudice to other parties if the plaintiff is allowed to proceed pseudonymously.(D) The existence of an overriding interest that outweighs the publics interest in access to the plaintiffs identity. In evaluating that interest, the court shall consider the following:(i) Whether the interest supports the plaintiffs use of a pseudonym.(ii) The probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(iii) Whether there are less restrictive means of protecting the interest.(E) Whether proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(d) In any action in which a plaintiff is proceeding pseudonymously, the court shall enter appropriate orders to ensure all of the following:(1) All parties to the action know the identities of all other parties to the action, including a plaintiff who is proceeding pseudonymously.(2) All parties to the action shall maintain the confidentiality of the identity of the plaintiff proceeding pseudonymously.(3) All parties to the action are afforded the rights, procedures, and discovery to which they are otherwise entitled.(e) If the court has permitted a plaintiff to proceed pseudonymously pursuant to a determination of an order to show cause pursuant to subdivision (c), any party may move for reconsideration of the issue of the plaintiffs continued use of a pseudonym at any stage of the proceedings if material changes in circumstance warrant reconsideration.(f) Notwithstanding paragraph (1) of subdivision (c) and subdivision (e), the court may, on its own motion at any time during the pendency of the action, determine pursuant to the procedures set forth in subdivision (c) whether the plaintiff should be permitted to use a pseudonym.(g) If the court orders the plaintiff using a pseudonym to be identified pursuant to a determination of an order to show cause pursuant to subdivision (c) or a motion for reconsideration pursuant to subdivision (e), the plaintiff may do either of the following:(1) Continue to maintain his or her action or claims, in which case the court shall order that the pleadings and any relevant dockets or docket entries be reformed to reflect the plaintiffs true name. The identification of the plaintiff shall be deemed to relate back to the date of the filing of the complaint.(2) Dismiss his or her action or claims without prejudice.(h) An appeal may be taken from an order denying a plaintiffs use of a pseudonym. The plaintiff may continue to use the pseudonym pending the resolution of the appeal.
Amended IN Assembly May 17, 2018 Amended IN Assembly April 09, 2018 Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2185Introduced by Assembly Member ChiuFebruary 12, 2018 An act to add Section 422.41 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 2185, as amended, Chiu. 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, including a cross-complainant, to use a pseudonym or fictitious name to commence and pursue an action. The bill would require the court to issue an order to show cause why the plaintiff should be permitted to use a pseudonym on the motion of a party to the action within 60 days of service of the summons and complaint or cross complaint. The bill would authorize a court to issue that order to show cause on its own motion at any time during the pendency of the action. The bill would require the plaintiff to show special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party to discharge the order to show cause. The bill would specify factors to be considered by the court in making its determination. The bill would authorize a plaintiff who has been ordered to be identified to either continue to maintain his or her action or to dismiss the action without prejudice. The bill would make an order granting or denying that motion appealable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly May 17, 2018 Amended IN Assembly April 09, 2018 Amended IN Assembly March 15, 2018
Amended IN Assembly May 17, 2018
Amended IN Assembly April 09, 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 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. 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, including a cross-complainant, to use a pseudonym or fictitious name to commence and pursue an action. The bill would require the court to issue an order to show cause why the plaintiff should be permitted to use a pseudonym on the motion of a party to the action within 60 days of service of the summons and complaint or cross complaint. The bill would authorize a court to issue that order to show cause on its own motion at any time during the pendency of the action. The bill would require the plaintiff to show special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party to discharge the order to show cause. The bill would specify factors to be considered by the court in making its determination. The bill would authorize a plaintiff who has been ordered to be identified to either continue to maintain his or her action or to dismiss the action without prejudice. The bill would make an order granting or denying that motion appealable.
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, including a cross-complainant, to use a pseudonym or fictitious name to commence and pursue an action. The bill would require the court to issue an order to show cause why the plaintiff should be permitted to use a pseudonym on the motion of a party to the action within 60 days of service of the summons and complaint or cross complaint. The bill would authorize a court to issue that order to show cause on its own motion at any time during the pendency of the action. The bill would require the plaintiff to show special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party to discharge the order to show cause. The bill would specify factors to be considered by the court in making its determination. The bill would authorize a plaintiff who has been ordered to be identified to either continue to maintain his or her action or to dismiss the action without prejudice. The bill would make an order granting or denying that motion appealable.
## 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) As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.(b) A plaintiff may use a pseudonym or fictitious name to commence and maintain an action, subject to the requirements of this section.(c) (1) On the motion of any party to the action within 60 days of service of the summons and complaint, the court shall issue an order to show cause why the plaintiff should be permitted to use a pseudonym.(2) In discharging an order to show cause issued pursuant to paragraph (1), the plaintiff using a pseudonym shall have the burden of showing special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party.(3) In determining whether a plaintiff has met his or her burden pursuant to paragraph (2), the court shall consider all relevant factors, including, but not limited to, the following:(A)Whether the plaintiffs use of a pseudonym is intended merely to avoid the annoyance and criticism that may attend any litigation, or is intended to preserve privacy in a sensitive and highly personal matter.(B)(A) Whether identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the party requesting identification identified or to innocent nonparties.(C)(B) Whether the plaintiff legitimately fears that revealing his or her identity could subject him or her to imminent actions that could result in his or her removal from the United States.(D)(C) The age of a person whose privacy interests are sought to be protected.(E)Whether the plaintiffs claims are asserted against a governmental or private party.(F)The risk of prejudice to other parties if the plaintiff is allowed to proceed pseudonymously.(D) The existence of an overriding interest that outweighs the publics interest in access to the plaintiffs identity. In evaluating that interest, the court shall consider the following:(i) Whether the interest supports the plaintiffs use of a pseudonym.(ii) The probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(iii) Whether there are less restrictive means of protecting the interest.(E) Whether proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(d) In any action in which a plaintiff is proceeding pseudonymously, the court shall enter appropriate orders to ensure all of the following:(1) All parties to the action know the identities of all other parties to the action, including a plaintiff who is proceeding pseudonymously.(2) All parties to the action shall maintain the confidentiality of the identity of the plaintiff proceeding pseudonymously.(3) All parties to the action are afforded the rights, procedures, and discovery to which they are otherwise entitled.(e) If the court has permitted a plaintiff to proceed pseudonymously pursuant to a determination of an order to show cause pursuant to subdivision (c), any party may move for reconsideration of the issue of the plaintiffs continued use of a pseudonym at any stage of the proceedings if material changes in circumstance warrant reconsideration.(f) Notwithstanding paragraph (1) of subdivision (c) and subdivision (e), the court may, on its own motion at any time during the pendency of the action, determine pursuant to the procedures set forth in subdivision (c) whether the plaintiff should be permitted to use a pseudonym.(g) If the court orders the plaintiff using a pseudonym to be identified pursuant to a determination of an order to show cause pursuant to subdivision (c) or a motion for reconsideration pursuant to subdivision (e), the plaintiff may do either of the following:(1) Continue to maintain his or her action or claims, in which case the court shall order that the pleadings and any relevant dockets or docket entries be reformed to reflect the plaintiffs true name. The identification of the plaintiff shall be deemed to relate back to the date of the filing of the complaint.(2) Dismiss his or her action or claims without prejudice.(h) An appeal may be taken from an order denying a plaintiffs use of a pseudonym. The plaintiff may continue to use the pseudonym pending the resolution of the appeal.
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) As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.(b) A plaintiff may use a pseudonym or fictitious name to commence and maintain an action, subject to the requirements of this section.(c) (1) On the motion of any party to the action within 60 days of service of the summons and complaint, the court shall issue an order to show cause why the plaintiff should be permitted to use a pseudonym.(2) In discharging an order to show cause issued pursuant to paragraph (1), the plaintiff using a pseudonym shall have the burden of showing special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party.(3) In determining whether a plaintiff has met his or her burden pursuant to paragraph (2), the court shall consider all relevant factors, including, but not limited to, the following:(A)Whether the plaintiffs use of a pseudonym is intended merely to avoid the annoyance and criticism that may attend any litigation, or is intended to preserve privacy in a sensitive and highly personal matter.(B)(A) Whether identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the party requesting identification identified or to innocent nonparties.(C)(B) Whether the plaintiff legitimately fears that revealing his or her identity could subject him or her to imminent actions that could result in his or her removal from the United States.(D)(C) The age of a person whose privacy interests are sought to be protected.(E)Whether the plaintiffs claims are asserted against a governmental or private party.(F)The risk of prejudice to other parties if the plaintiff is allowed to proceed pseudonymously.(D) The existence of an overriding interest that outweighs the publics interest in access to the plaintiffs identity. In evaluating that interest, the court shall consider the following:(i) Whether the interest supports the plaintiffs use of a pseudonym.(ii) The probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(iii) Whether there are less restrictive means of protecting the interest.(E) Whether proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(d) In any action in which a plaintiff is proceeding pseudonymously, the court shall enter appropriate orders to ensure all of the following:(1) All parties to the action know the identities of all other parties to the action, including a plaintiff who is proceeding pseudonymously.(2) All parties to the action shall maintain the confidentiality of the identity of the plaintiff proceeding pseudonymously.(3) All parties to the action are afforded the rights, procedures, and discovery to which they are otherwise entitled.(e) If the court has permitted a plaintiff to proceed pseudonymously pursuant to a determination of an order to show cause pursuant to subdivision (c), any party may move for reconsideration of the issue of the plaintiffs continued use of a pseudonym at any stage of the proceedings if material changes in circumstance warrant reconsideration.(f) Notwithstanding paragraph (1) of subdivision (c) and subdivision (e), the court may, on its own motion at any time during the pendency of the action, determine pursuant to the procedures set forth in subdivision (c) whether the plaintiff should be permitted to use a pseudonym.(g) If the court orders the plaintiff using a pseudonym to be identified pursuant to a determination of an order to show cause pursuant to subdivision (c) or a motion for reconsideration pursuant to subdivision (e), the plaintiff may do either of the following:(1) Continue to maintain his or her action or claims, in which case the court shall order that the pleadings and any relevant dockets or docket entries be reformed to reflect the plaintiffs true name. The identification of the plaintiff shall be deemed to relate back to the date of the filing of the complaint.(2) Dismiss his or her action or claims without prejudice.(h) An appeal may be taken from an order denying a plaintiffs use of a pseudonym. The plaintiff may continue to use the pseudonym pending the resolution of the appeal.
SECTION 1. Section 422.41 is added to the Code of Civil Procedure, to read:
### SECTION 1.
422.41. (a) As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.(b) A plaintiff may use a pseudonym or fictitious name to commence and maintain an action, subject to the requirements of this section.(c) (1) On the motion of any party to the action within 60 days of service of the summons and complaint, the court shall issue an order to show cause why the plaintiff should be permitted to use a pseudonym.(2) In discharging an order to show cause issued pursuant to paragraph (1), the plaintiff using a pseudonym shall have the burden of showing special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party.(3) In determining whether a plaintiff has met his or her burden pursuant to paragraph (2), the court shall consider all relevant factors, including, but not limited to, the following:(A)Whether the plaintiffs use of a pseudonym is intended merely to avoid the annoyance and criticism that may attend any litigation, or is intended to preserve privacy in a sensitive and highly personal matter.(B)(A) Whether identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the party requesting identification identified or to innocent nonparties.(C)(B) Whether the plaintiff legitimately fears that revealing his or her identity could subject him or her to imminent actions that could result in his or her removal from the United States.(D)(C) The age of a person whose privacy interests are sought to be protected.(E)Whether the plaintiffs claims are asserted against a governmental or private party.(F)The risk of prejudice to other parties if the plaintiff is allowed to proceed pseudonymously.(D) The existence of an overriding interest that outweighs the publics interest in access to the plaintiffs identity. In evaluating that interest, the court shall consider the following:(i) Whether the interest supports the plaintiffs use of a pseudonym.(ii) The probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(iii) Whether there are less restrictive means of protecting the interest.(E) Whether proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(d) In any action in which a plaintiff is proceeding pseudonymously, the court shall enter appropriate orders to ensure all of the following:(1) All parties to the action know the identities of all other parties to the action, including a plaintiff who is proceeding pseudonymously.(2) All parties to the action shall maintain the confidentiality of the identity of the plaintiff proceeding pseudonymously.(3) All parties to the action are afforded the rights, procedures, and discovery to which they are otherwise entitled.(e) If the court has permitted a plaintiff to proceed pseudonymously pursuant to a determination of an order to show cause pursuant to subdivision (c), any party may move for reconsideration of the issue of the plaintiffs continued use of a pseudonym at any stage of the proceedings if material changes in circumstance warrant reconsideration.(f) Notwithstanding paragraph (1) of subdivision (c) and subdivision (e), the court may, on its own motion at any time during the pendency of the action, determine pursuant to the procedures set forth in subdivision (c) whether the plaintiff should be permitted to use a pseudonym.(g) If the court orders the plaintiff using a pseudonym to be identified pursuant to a determination of an order to show cause pursuant to subdivision (c) or a motion for reconsideration pursuant to subdivision (e), the plaintiff may do either of the following:(1) Continue to maintain his or her action or claims, in which case the court shall order that the pleadings and any relevant dockets or docket entries be reformed to reflect the plaintiffs true name. The identification of the plaintiff shall be deemed to relate back to the date of the filing of the complaint.(2) Dismiss his or her action or claims without prejudice.(h) An appeal may be taken from an order denying a plaintiffs use of a pseudonym. The plaintiff may continue to use the pseudonym pending the resolution of the appeal.
422.41. (a) As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.(b) A plaintiff may use a pseudonym or fictitious name to commence and maintain an action, subject to the requirements of this section.(c) (1) On the motion of any party to the action within 60 days of service of the summons and complaint, the court shall issue an order to show cause why the plaintiff should be permitted to use a pseudonym.(2) In discharging an order to show cause issued pursuant to paragraph (1), the plaintiff using a pseudonym shall have the burden of showing special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party.(3) In determining whether a plaintiff has met his or her burden pursuant to paragraph (2), the court shall consider all relevant factors, including, but not limited to, the following:(A)Whether the plaintiffs use of a pseudonym is intended merely to avoid the annoyance and criticism that may attend any litigation, or is intended to preserve privacy in a sensitive and highly personal matter.(B)(A) Whether identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the party requesting identification identified or to innocent nonparties.(C)(B) Whether the plaintiff legitimately fears that revealing his or her identity could subject him or her to imminent actions that could result in his or her removal from the United States.(D)(C) The age of a person whose privacy interests are sought to be protected.(E)Whether the plaintiffs claims are asserted against a governmental or private party.(F)The risk of prejudice to other parties if the plaintiff is allowed to proceed pseudonymously.(D) The existence of an overriding interest that outweighs the publics interest in access to the plaintiffs identity. In evaluating that interest, the court shall consider the following:(i) Whether the interest supports the plaintiffs use of a pseudonym.(ii) The probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(iii) Whether there are less restrictive means of protecting the interest.(E) Whether proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(d) In any action in which a plaintiff is proceeding pseudonymously, the court shall enter appropriate orders to ensure all of the following:(1) All parties to the action know the identities of all other parties to the action, including a plaintiff who is proceeding pseudonymously.(2) All parties to the action shall maintain the confidentiality of the identity of the plaintiff proceeding pseudonymously.(3) All parties to the action are afforded the rights, procedures, and discovery to which they are otherwise entitled.(e) If the court has permitted a plaintiff to proceed pseudonymously pursuant to a determination of an order to show cause pursuant to subdivision (c), any party may move for reconsideration of the issue of the plaintiffs continued use of a pseudonym at any stage of the proceedings if material changes in circumstance warrant reconsideration.(f) Notwithstanding paragraph (1) of subdivision (c) and subdivision (e), the court may, on its own motion at any time during the pendency of the action, determine pursuant to the procedures set forth in subdivision (c) whether the plaintiff should be permitted to use a pseudonym.(g) If the court orders the plaintiff using a pseudonym to be identified pursuant to a determination of an order to show cause pursuant to subdivision (c) or a motion for reconsideration pursuant to subdivision (e), the plaintiff may do either of the following:(1) Continue to maintain his or her action or claims, in which case the court shall order that the pleadings and any relevant dockets or docket entries be reformed to reflect the plaintiffs true name. The identification of the plaintiff shall be deemed to relate back to the date of the filing of the complaint.(2) Dismiss his or her action or claims without prejudice.(h) An appeal may be taken from an order denying a plaintiffs use of a pseudonym. The plaintiff may continue to use the pseudonym pending the resolution of the appeal.
422.41. (a) As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.(b) A plaintiff may use a pseudonym or fictitious name to commence and maintain an action, subject to the requirements of this section.(c) (1) On the motion of any party to the action within 60 days of service of the summons and complaint, the court shall issue an order to show cause why the plaintiff should be permitted to use a pseudonym.(2) In discharging an order to show cause issued pursuant to paragraph (1), the plaintiff using a pseudonym shall have the burden of showing special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party.(3) In determining whether a plaintiff has met his or her burden pursuant to paragraph (2), the court shall consider all relevant factors, including, but not limited to, the following:(A)Whether the plaintiffs use of a pseudonym is intended merely to avoid the annoyance and criticism that may attend any litigation, or is intended to preserve privacy in a sensitive and highly personal matter.(B)(A) Whether identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the party requesting identification identified or to innocent nonparties.(C)(B) Whether the plaintiff legitimately fears that revealing his or her identity could subject him or her to imminent actions that could result in his or her removal from the United States.(D)(C) The age of a person whose privacy interests are sought to be protected.(E)Whether the plaintiffs claims are asserted against a governmental or private party.(F)The risk of prejudice to other parties if the plaintiff is allowed to proceed pseudonymously.(D) The existence of an overriding interest that outweighs the publics interest in access to the plaintiffs identity. In evaluating that interest, the court shall consider the following:(i) Whether the interest supports the plaintiffs use of a pseudonym.(ii) The probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(iii) Whether there are less restrictive means of protecting the interest.(E) Whether proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(d) In any action in which a plaintiff is proceeding pseudonymously, the court shall enter appropriate orders to ensure all of the following:(1) All parties to the action know the identities of all other parties to the action, including a plaintiff who is proceeding pseudonymously.(2) All parties to the action shall maintain the confidentiality of the identity of the plaintiff proceeding pseudonymously.(3) All parties to the action are afforded the rights, procedures, and discovery to which they are otherwise entitled.(e) If the court has permitted a plaintiff to proceed pseudonymously pursuant to a determination of an order to show cause pursuant to subdivision (c), any party may move for reconsideration of the issue of the plaintiffs continued use of a pseudonym at any stage of the proceedings if material changes in circumstance warrant reconsideration.(f) Notwithstanding paragraph (1) of subdivision (c) and subdivision (e), the court may, on its own motion at any time during the pendency of the action, determine pursuant to the procedures set forth in subdivision (c) whether the plaintiff should be permitted to use a pseudonym.(g) If the court orders the plaintiff using a pseudonym to be identified pursuant to a determination of an order to show cause pursuant to subdivision (c) or a motion for reconsideration pursuant to subdivision (e), the plaintiff may do either of the following:(1) Continue to maintain his or her action or claims, in which case the court shall order that the pleadings and any relevant dockets or docket entries be reformed to reflect the plaintiffs true name. The identification of the plaintiff shall be deemed to relate back to the date of the filing of the complaint.(2) Dismiss his or her action or claims without prejudice.(h) An appeal may be taken from an order denying a plaintiffs use of a pseudonym. The plaintiff may continue to use the pseudonym pending the resolution of the appeal.
422.41. (a) As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.
(b) A plaintiff may use a pseudonym or fictitious name to commence and maintain an action, subject to the requirements of this section.
(c) (1) On the motion of any party to the action within 60 days of service of the summons and complaint, the court shall issue an order to show cause why the plaintiff should be permitted to use a pseudonym.
(2) In discharging an order to show cause issued pursuant to paragraph (1), the plaintiff using a pseudonym shall have the burden of showing special circumstances demonstrating that the plaintiffs need to proceed pseudonymously outweighs both the publics interest in knowing the plaintiffs identity and any prejudice to any other party.
(3) In determining whether a plaintiff has met his or her burden pursuant to paragraph (2), the court shall consider all relevant factors, including, but not limited to, the following:
(A)Whether the plaintiffs use of a pseudonym is intended merely to avoid the annoyance and criticism that may attend any litigation, or is intended to preserve privacy in a sensitive and highly personal matter.
(B)
(A) Whether identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the party requesting identification identified or to innocent nonparties.
(C)
(B) Whether the plaintiff legitimately fears that revealing his or her identity could subject him or her to imminent actions that could result in his or her removal from the United States.
(D)
(C) The age of a person whose privacy interests are sought to be protected.
(E)Whether the plaintiffs claims are asserted against a governmental or private party.
(F)The risk of prejudice to other parties if the plaintiff is allowed to proceed pseudonymously.
(D) The existence of an overriding interest that outweighs the publics interest in access to the plaintiffs identity. In evaluating that interest, the court shall consider the following:
(i) Whether the interest supports the plaintiffs use of a pseudonym.
(ii) The probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.
(iii) Whether there are less restrictive means of protecting the interest.
(E) Whether proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.
(d) In any action in which a plaintiff is proceeding pseudonymously, the court shall enter appropriate orders to ensure all of the following:
(1) All parties to the action know the identities of all other parties to the action, including a plaintiff who is proceeding pseudonymously.
(2) All parties to the action shall maintain the confidentiality of the identity of the plaintiff proceeding pseudonymously.
(3) All parties to the action are afforded the rights, procedures, and discovery to which they are otherwise entitled.
(e) If the court has permitted a plaintiff to proceed pseudonymously pursuant to a determination of an order to show cause pursuant to subdivision (c), any party may move for reconsideration of the issue of the plaintiffs continued use of a pseudonym at any stage of the proceedings if material changes in circumstance warrant reconsideration.
(f) Notwithstanding paragraph (1) of subdivision (c) and subdivision (e), the court may, on its own motion at any time during the pendency of the action, determine pursuant to the procedures set forth in subdivision (c) whether the plaintiff should be permitted to use a pseudonym.
(g) If the court orders the plaintiff using a pseudonym to be identified pursuant to a determination of an order to show cause pursuant to subdivision (c) or a motion for reconsideration pursuant to subdivision (e), the plaintiff may do either of the following:
(1) Continue to maintain his or her action or claims, in which case the court shall order that the pleadings and any relevant dockets or docket entries be reformed to reflect the plaintiffs true name. The identification of the plaintiff shall be deemed to relate back to the date of the filing of the complaint.
(2) Dismiss his or her action or claims without prejudice.
(h) An appeal may be taken from an order denying a plaintiffs use of a pseudonym. The plaintiff may continue to use the pseudonym pending the resolution of the appeal.