Amended IN Senate August 23, 2018 Amended IN Senate June 25, 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. 2185Introduced by Assembly Member ChiuFebruary 12, 2018 An act to add Section 422.41 372.5 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 2185, as amended, Chiu. Civil actions: pleadings: party names. appointment of guardian ad litem.Existing law authorizes a court to appoint a guardian ad litem to appear in a proceeding on behalf of a party who is a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed, and establishes procedures for the appointed of a guardian ad litem. 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 also authorize the plaintiff to redact personal identifying information from documents filed with the court, as specified. The bill would authorize a party to the action, within 45 days of service of the summons and complaint, to file and serve a notice of motion to require the plaintiff to request leave of the court to proceed pseudonymously. The bill would then 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 in order to proceed pseudonymously. The bill would specify factors to be considered by the court in making its determination. The bill would authorize the court to make that determination on its own motion. 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. authorize a court to permit a guardian ad litem to be appointed and appear under a pseudonym if the guardian ad litem establishes facts and circumstances that demonstrate an overriding interest in preserving his or her anonymity. The bill would require the court to make specified findings in granting that permission. If a guardian ad litem is permitted to appear under a pseudonym, the bill would require all court decisions, orders, petitions, and other documents to be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary to permit a party to prosecute, defend, or resolve the action. The bill would give the court discretion to reconsider its decision.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 372.5 is added to the Code of Civil Procedure, to read:372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litems overriding interest in preserving his or her anonymity.(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.(2) That there is a substantial probability that the applicants interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicants interest in preserving anonymity without unduly prejudicing the publics right of access or the ability of the other parties to prosecute, defend, or resolve the action.(4) That there are no less restrictive means of protecting the applicants interest in preserving his or her anonymity.(d) (1) The court may make any further orders necessary to preserve the applicants anonymity or to allow the other parties or financial institutions to know the applicants identity to the extent necessary to prosecute, defend, or resolve the action.(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.(e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.(2) For purposes of this subdivision, personal identifying information includes the guardian ad litems name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litems residence.(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.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)(1)A plaintiff may use a pseudonym or fictitious name to commence an action, subject to the requirements of this section.(2)A plaintiff who commences an action pursuant to paragraph (1) may redact personal identifying information that would reveal the plaintiffs identity from documents filed with the court. If the plaintiff has redacted information, he or she shall file with the court and serve on the other parties to the action a declaration that includes the plaintiffs name and the personal identifying information that the plaintiff redacted. The court shall keep the plaintiffs name and the redacted information confidential.(3)For purposes of this subdivision, personal identifying information includes the plaintiffs name or any part thereof, his or her address or any part thereof, the city or unincorporated area of the plaintiffs residence, the plaintiffs date of birth, and the plaintiffs relationship to the defendant.(c)(1)Within 45 days of service of the summons and complaint on a party in an action in which the plaintiff has commenced the action using a pseudonym, a party may file and serve a notice of motion to require the plaintiff to request leave of the court to proceed pseudonymously in the action.(2)In determining whether the plaintiff should be permitted to proceed pseudonymously 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 the following factors:(A)Whether there is an overriding interest that outweighs the publics interest in access to the plaintiffs identity.(B)Whether the overriding interest supports the plaintiffs use of a pseudonym.(C)Whether there is a substantial probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(D)Whether there are less restrictive means of protecting the interest.(E)Whether the proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(4)In addition to the factors described in paragraph (3), in determining whether the plaintiff has met his or her burden pursuant to paragraph (2), the court may consider any other relevant factors, including the following:(A)Whether the identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the plaintiff or to innocent nonparties.(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.(C)Whether the person whose privacy interests are sought to be protected is a minor.(d)(1)If a plaintiff is permitted to proceed in an action pseudonymously, all court decisions, orders, petitions, and other documents, including motions and papers filed by the parties to the action shall be written in a manner that protects the name and personal identifying information of the plaintiff from public revelation.(2)If the court determines that additional orders are needed to allow the plaintiff to proceed with a pseudonym, it shall issue appropriate orders at any time to preserve the plaintiffs continued use of a pseudonym.(e)If the court has permitted a plaintiff to proceed pseudonymously after a determination 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 after a determination pursuant to subdivision (c), or after 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.(i)This section does not change any process governing the sealing of records or the closure of judicial proceedings to the public.
Amended IN Senate August 23, 2018 Amended IN Senate June 25, 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. 2185Introduced by Assembly Member ChiuFebruary 12, 2018 An act to add Section 422.41 372.5 to the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 2185, as amended, Chiu. Civil actions: pleadings: party names. appointment of guardian ad litem.Existing law authorizes a court to appoint a guardian ad litem to appear in a proceeding on behalf of a party who is a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed, and establishes procedures for the appointed of a guardian ad litem. 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 also authorize the plaintiff to redact personal identifying information from documents filed with the court, as specified. The bill would authorize a party to the action, within 45 days of service of the summons and complaint, to file and serve a notice of motion to require the plaintiff to request leave of the court to proceed pseudonymously. The bill would then 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 in order to proceed pseudonymously. The bill would specify factors to be considered by the court in making its determination. The bill would authorize the court to make that determination on its own motion. 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. authorize a court to permit a guardian ad litem to be appointed and appear under a pseudonym if the guardian ad litem establishes facts and circumstances that demonstrate an overriding interest in preserving his or her anonymity. The bill would require the court to make specified findings in granting that permission. If a guardian ad litem is permitted to appear under a pseudonym, the bill would require all court decisions, orders, petitions, and other documents to be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary to permit a party to prosecute, defend, or resolve the action. The bill would give the court discretion to reconsider its decision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate August 23, 2018 Amended IN Senate June 25, 2018 Amended IN Assembly May 17, 2018 Amended IN Assembly April 09, 2018 Amended IN Assembly March 15, 2018
Amended IN Senate August 23, 2018
Amended IN Senate June 25, 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 422.41 372.5 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. appointment of guardian ad litem.
Existing law authorizes a court to appoint a guardian ad litem to appear in a proceeding on behalf of a party who is a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed, and establishes procedures for the appointed of a guardian ad litem. 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 also authorize the plaintiff to redact personal identifying information from documents filed with the court, as specified. The bill would authorize a party to the action, within 45 days of service of the summons and complaint, to file and serve a notice of motion to require the plaintiff to request leave of the court to proceed pseudonymously. The bill would then 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 in order to proceed pseudonymously. The bill would specify factors to be considered by the court in making its determination. The bill would authorize the court to make that determination on its own motion. 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. authorize a court to permit a guardian ad litem to be appointed and appear under a pseudonym if the guardian ad litem establishes facts and circumstances that demonstrate an overriding interest in preserving his or her anonymity. The bill would require the court to make specified findings in granting that permission. If a guardian ad litem is permitted to appear under a pseudonym, the bill would require all court decisions, orders, petitions, and other documents to be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary to permit a party to prosecute, defend, or resolve the action. The bill would give the court discretion to reconsider its decision.
Existing law authorizes a court to appoint a guardian ad litem to appear in a proceeding on behalf of a party who is a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed, and establishes procedures for the appointed of a guardian ad litem. 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 also authorize the plaintiff to redact personal identifying information from documents filed with the court, as specified. The bill would authorize a party to the action, within 45 days of service of the summons and complaint, to file and serve a notice of motion to require the plaintiff to request leave of the court to proceed pseudonymously. The bill would then 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 in order to proceed pseudonymously. The bill would specify factors to be considered by the court in making its determination. The bill would authorize the court to make that determination on its own motion. 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. authorize a court to permit a guardian ad litem to be appointed and appear under a pseudonym if the guardian ad litem establishes facts and circumstances that demonstrate an overriding interest in preserving his or her anonymity. The bill would require the court to make specified findings in granting that permission. If a guardian ad litem is permitted to appear under a pseudonym, the bill would require all court decisions, orders, petitions, and other documents to be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary to permit a party to prosecute, defend, or resolve the action. The bill would give the court discretion to reconsider its decision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 372.5 is added to the Code of Civil Procedure, to read:372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litems overriding interest in preserving his or her anonymity.(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.(2) That there is a substantial probability that the applicants interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicants interest in preserving anonymity without unduly prejudicing the publics right of access or the ability of the other parties to prosecute, defend, or resolve the action.(4) That there are no less restrictive means of protecting the applicants interest in preserving his or her anonymity.(d) (1) The court may make any further orders necessary to preserve the applicants anonymity or to allow the other parties or financial institutions to know the applicants identity to the extent necessary to prosecute, defend, or resolve the action.(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.(e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.(2) For purposes of this subdivision, personal identifying information includes the guardian ad litems name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litems residence.(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.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)(1)A plaintiff may use a pseudonym or fictitious name to commence an action, subject to the requirements of this section.(2)A plaintiff who commences an action pursuant to paragraph (1) may redact personal identifying information that would reveal the plaintiffs identity from documents filed with the court. If the plaintiff has redacted information, he or she shall file with the court and serve on the other parties to the action a declaration that includes the plaintiffs name and the personal identifying information that the plaintiff redacted. The court shall keep the plaintiffs name and the redacted information confidential.(3)For purposes of this subdivision, personal identifying information includes the plaintiffs name or any part thereof, his or her address or any part thereof, the city or unincorporated area of the plaintiffs residence, the plaintiffs date of birth, and the plaintiffs relationship to the defendant.(c)(1)Within 45 days of service of the summons and complaint on a party in an action in which the plaintiff has commenced the action using a pseudonym, a party may file and serve a notice of motion to require the plaintiff to request leave of the court to proceed pseudonymously in the action.(2)In determining whether the plaintiff should be permitted to proceed pseudonymously 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 the following factors:(A)Whether there is an overriding interest that outweighs the publics interest in access to the plaintiffs identity.(B)Whether the overriding interest supports the plaintiffs use of a pseudonym.(C)Whether there is a substantial probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.(D)Whether there are less restrictive means of protecting the interest.(E)Whether the proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.(4)In addition to the factors described in paragraph (3), in determining whether the plaintiff has met his or her burden pursuant to paragraph (2), the court may consider any other relevant factors, including the following:(A)Whether the identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the plaintiff or to innocent nonparties.(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.(C)Whether the person whose privacy interests are sought to be protected is a minor.(d)(1)If a plaintiff is permitted to proceed in an action pseudonymously, all court decisions, orders, petitions, and other documents, including motions and papers filed by the parties to the action shall be written in a manner that protects the name and personal identifying information of the plaintiff from public revelation.(2)If the court determines that additional orders are needed to allow the plaintiff to proceed with a pseudonym, it shall issue appropriate orders at any time to preserve the plaintiffs continued use of a pseudonym.(e)If the court has permitted a plaintiff to proceed pseudonymously after a determination 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 after a determination pursuant to subdivision (c), or after 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.(i)This section does not change any process governing the sealing of records or the closure of judicial proceedings to the public.
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 372.5 is added to the Code of Civil Procedure, to read:372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litems overriding interest in preserving his or her anonymity.(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.(2) That there is a substantial probability that the applicants interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicants interest in preserving anonymity without unduly prejudicing the publics right of access or the ability of the other parties to prosecute, defend, or resolve the action.(4) That there are no less restrictive means of protecting the applicants interest in preserving his or her anonymity.(d) (1) The court may make any further orders necessary to preserve the applicants anonymity or to allow the other parties or financial institutions to know the applicants identity to the extent necessary to prosecute, defend, or resolve the action.(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.(e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.(2) For purposes of this subdivision, personal identifying information includes the guardian ad litems name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litems residence.(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.
SECTION 1. Section 372.5 is added to the Code of Civil Procedure, to read:
### SECTION 1.
372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litems overriding interest in preserving his or her anonymity.(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.(2) That there is a substantial probability that the applicants interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicants interest in preserving anonymity without unduly prejudicing the publics right of access or the ability of the other parties to prosecute, defend, or resolve the action.(4) That there are no less restrictive means of protecting the applicants interest in preserving his or her anonymity.(d) (1) The court may make any further orders necessary to preserve the applicants anonymity or to allow the other parties or financial institutions to know the applicants identity to the extent necessary to prosecute, defend, or resolve the action.(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.(e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.(2) For purposes of this subdivision, personal identifying information includes the guardian ad litems name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litems residence.(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.
372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litems overriding interest in preserving his or her anonymity.(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.(2) That there is a substantial probability that the applicants interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicants interest in preserving anonymity without unduly prejudicing the publics right of access or the ability of the other parties to prosecute, defend, or resolve the action.(4) That there are no less restrictive means of protecting the applicants interest in preserving his or her anonymity.(d) (1) The court may make any further orders necessary to preserve the applicants anonymity or to allow the other parties or financial institutions to know the applicants identity to the extent necessary to prosecute, defend, or resolve the action.(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.(e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.(2) For purposes of this subdivision, personal identifying information includes the guardian ad litems name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litems residence.(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.
372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litems overriding interest in preserving his or her anonymity.(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.(2) That there is a substantial probability that the applicants interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicants interest in preserving anonymity without unduly prejudicing the publics right of access or the ability of the other parties to prosecute, defend, or resolve the action.(4) That there are no less restrictive means of protecting the applicants interest in preserving his or her anonymity.(d) (1) The court may make any further orders necessary to preserve the applicants anonymity or to allow the other parties or financial institutions to know the applicants identity to the extent necessary to prosecute, defend, or resolve the action.(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.(e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.(2) For purposes of this subdivision, personal identifying information includes the guardian ad litems name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litems residence.(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.
372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.
(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litems overriding interest in preserving his or her anonymity.
(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:
(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.
(2) That there is a substantial probability that the applicants interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.
(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicants interest in preserving anonymity without unduly prejudicing the publics right of access or the ability of the other parties to prosecute, defend, or resolve the action.
(4) That there are no less restrictive means of protecting the applicants interest in preserving his or her anonymity.
(d) (1) The court may make any further orders necessary to preserve the applicants anonymity or to allow the other parties or financial institutions to know the applicants identity to the extent necessary to prosecute, defend, or resolve the action.
(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.
(e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.
(2) For purposes of this subdivision, personal identifying information includes the guardian ad litems name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litems residence.
(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.
(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.
(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.
(a)As used in this section plaintiff includes a cross-complainant, and complaint includes a cross-complaint.
(b)(1)A plaintiff may use a pseudonym or fictitious name to commence an action, subject to the requirements of this section.
(2)A plaintiff who commences an action pursuant to paragraph (1) may redact personal identifying information that would reveal the plaintiffs identity from documents filed with the court. If the plaintiff has redacted information, he or she shall file with the court and serve on the other parties to the action a declaration that includes the plaintiffs name and the personal identifying information that the plaintiff redacted. The court shall keep the plaintiffs name and the redacted information confidential.
(3)For purposes of this subdivision, personal identifying information includes the plaintiffs name or any part thereof, his or her address or any part thereof, the city or unincorporated area of the plaintiffs residence, the plaintiffs date of birth, and the plaintiffs relationship to the defendant.
(c)(1)Within 45 days of service of the summons and complaint on a party in an action in which the plaintiff has commenced the action using a pseudonym, a party may file and serve a notice of motion to require the plaintiff to request leave of the court to proceed pseudonymously in the action.
(2)In determining whether the plaintiff should be permitted to proceed pseudonymously 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 the following factors:
(A)Whether there is an overriding interest that outweighs the publics interest in access to the plaintiffs identity.
(B)Whether the overriding interest supports the plaintiffs use of a pseudonym.
(C)Whether there is a substantial probability of prejudice to the interest if the plaintiff is not permitted to use a pseudonym.
(D)Whether there are less restrictive means of protecting the interest.
(E)Whether the proposed orders permitting the plaintiff to use a pseudonym are narrowly tailored.
(4)In addition to the factors described in paragraph (3), in determining whether the plaintiff has met his or her burden pursuant to paragraph (2), the court may consider any other relevant factors, including the following:
(A)Whether the identification of the plaintiff poses a risk of retaliatory physical or mental harm to either the plaintiff or to innocent nonparties.
(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.
(C)Whether the person whose privacy interests are sought to be protected is a minor.
(d)(1)If a plaintiff is permitted to proceed in an action pseudonymously, all court decisions, orders, petitions, and other documents, including motions and papers filed by the parties to the action shall be written in a manner that protects the name and personal identifying information of the plaintiff from public revelation.
(2)If the court determines that additional orders are needed to allow the plaintiff to proceed with a pseudonym, it shall issue appropriate orders at any time to preserve the plaintiffs continued use of a pseudonym.
(e)If the court has permitted a plaintiff to proceed pseudonymously after a determination 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 after a determination pursuant to subdivision (c), or after 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.
(i)This section does not change any process governing the sealing of records or the closure of judicial proceedings to the public.