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CA AB2185

Bill

Status

Passed

9/27/2018

Primary Sponsor

David Chiu

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Authorizes courts to appoint a guardian ad litem under a pseudonym if the applicant establishes an overriding interest in preserving anonymity through an ex parte request filed with the application.

  • Requires courts to make four specific findings before permitting pseudonym use: overriding interest in anonymity, substantial probability of prejudice without it, narrow tailoring without unduly prejudicing access or other parties' ability to litigate, and absence of less restrictive alternatives.

  • Requires all court decisions, orders, petitions, and filed documents to protect the guardian ad litem's name and personal identifying information (including name, address, and city of residence) from public disclosure except when necessary for parties to prosecute, defend, or resolve the action.

  • Places sole responsibility on parties and their attorneys for excluding the guardian ad litem's identifying information from documents; the court is not required to review pleadings for compliance.

  • Preserves court discretion to reconsider and revoke pseudonym permission and does not affect the separate right of plaintiffs or petitioners to pursue litigation under a pseudonym.

Legislative Description

Civil actions: appointment of guardian ad litem.

Last Action

Chaptered by Secretary of State - Chapter 817, Statutes of 2018.

9/27/2018

Committee Referrals

Judiciary5/30/2018
Rules5/22/2018
Judiciary3/15/2018

Full Bill Text

No bill text available