Bill Text: CA AB800 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Civil actions: confidentiality.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-10-02 - Chaptered by Secretary of State - Chapter 439, Statutes of 2019. [AB800 Detail]

Download: California-2019-AB800-Amended.html

Amended  IN  Assembly  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 800


Introduced by Assembly Member Chu
(Coauthor: Assembly Member Gonzalez)

February 20, 2019


An act to add Section 367.3 to the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 800, as amended, Chu. Civil actions: confidentiality.
Existing law requires a civil action to be prosecuted in the name of the real party in interest, except as otherwise provided by statute. Existing law permits a person who has been the victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, to apply to the Secretary of State to participate in an address confidentiality program, as specified.
This bill would permit a person who is a participant in the address confidentiality program to file a civil proceeding using a pseudonym and to exclude or redact other identifying characteristics of the plaintiff from all pleadings and documents filed in the action, as specified. Parties to the action would be required to use the pseudonym at proceedings open to the public and to exclude and redact other identifying characteristics of the plaintiff from documents filed with the court. The court would also be required to prepare documents so as to protect the name or other identifying characteristics of the plaintiff from public revelation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 367.3 is added to the Code of Civil Procedure, to read:

367.3.
 (a) For purposes of this section, the following definitions apply:
(1) “Identifying characteristics” means the name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiff’s identity can be discerned.
(2) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or internet application, website, or platform account, including, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.
(b) (1) A person who is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with section 6205) of Division 7 of Title 1 of the Government Code who is a plaintiff in a civil proceeding may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym as provided in this section shall file with the court and serve upon the defendant all other parties to the proceeding a confidential information form for this purpose that includes the plaintiff’s name and other identifying characteristics being excluded or redacted. The court shall keep confidential the plaintiff’s name and excluded or redacted characteristics.
(2) In cases where a plaintiff proceeds using a pseudonym under this section, the following provisions shall apply: apply, subject to sanction for an intentional violation:
(A) All parties and their agents and attorneys shall use the pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.
(B) (i) (A)A Party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.
(ii) A party excluding or redacting identifying characteristics shall file with the court and serve upon all other parties a confidential information form that includes the plaintiff’s name and other identifying characteristics being excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.
(C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.
(3) The responsibility to exclude or redact identifying characteristics of the plaintiff 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.
(4) Upon a request by the plaintiff, the clerk shall allow access to the court file in an action filed under this section to a party to the action, including a party’s attorney. Access to other persons shall be allowed only by order of the court, based upon a showing of good cause.The court, on its own motion or on motion of the plaintiff, may order a record to be filed under seal in accordance with Rule 2.551 of the California Rules of Court, as that rule may be amended.
(c) In an action filed under this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CODE OF CIVIL PROCEDURE SECTION 367.3”
(d) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. This section does not limit or preclude a plaintiff from securing or recovering any other available remedy.
(e) The Judicial Council shall coordinate with the Secretary of State to adopt or revise as appropriate rules and forms to implement this section, on or before July 1, 2020.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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