ANN LEMBERG VS. MYKHALO HONCHARUK ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, September 02, 2025, Line 7. PLAINTIFF ANN LEMBERG'S MOTION TO FILE AMENDED COMPLAINT AS JANE DOE.

Plaintiff's unopposed Motion to File Amended Complaint as Jane Doe is DENIED. The public has a right to access to court documents, including documents that identify who is using civil courts and for what. A party may proceed in a civil action under a pseudonym, however, if they demonstrate a legitimate privacy concern that outweighs the public's interest in knowing their identity. Courts consider factors such as the sensitivity of the case, potential for harassment or retaliation, and prejudice to the opposing party. Pseudonym use is specifically authorized in certain actions.

The instant case does not involve claims that trigger a presumption that a party may proceed by pseudonym. (See, e.g., Civil Code section 1708.5; Code of Civil procedure 367.3) Here, most common for victims of sexual misconduct, assault, or abuse, and for cases involving doxing or non-consensual distribution of intimate images. Plaintiff has not presented specific facts demonstrating the case triggers privacy concerns great than the general case involving medical treatment, There are no specific facts or evidence demonstrating the case is particularly sensitive or that Plaintiff's claims especially expose her to harassment or retaliation.

It is true Defendants appear not to object, but the right of access belongs to the public at large, not just Defendants, and the public interest has not been waived or forfeited. On this record, the court finds that public's right of access outweighs Plaintiff's interest in proceeding anonymously. The motion, thus, is denied.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |