New Civil Procedure and Employment Case

Uncategorized Sep 27, 2022
I offer Master Lawyer Mentoring™ to help less experienced civil lawyers throughout the U.S. quickly learn essential law practice skills, think strategically in preparing and presenting their cases, avoid mistakes, and implement excellent systems to win more, make more money and create their dream law practices.  
Law school doesn't teach you how to practice law in the real world. Newer lawyers need someone with real life experience to mentor them. But unlike when I started practicing in 1980, today very few new lawyers get mentoring to help them learn how to practice law right.  
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Great lawyers and judges keep current with the new published civil case law in their practice areas. It's easy if you find an excellent case summary subscription service. You'll save time and easily keep up with the new cases in your practice areas to win more and make more money. I offer just such a case summary service with California Case Summaries™, where I provide short summaries (one-paragraph), organized by legal topic, of every new published civil case in California in monthly, quarterly and annual publications.   
To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.

Below is a discussion of a new CA civil case published last month.

Civil Procedure and Employment

The California Department of Fair Employment and Housing can file an action on behalf of an employee. Last month, the Sixth District Court of Appeal published a decision addressing the issue of whether am action filed on behalf of an employee could proceed using a fictitious name because revealing the employee's identity could jeopardize the safety of his family members in India. A video discussing the case is above and my summary of the case is below.

New Civil Procedure and Employment Decision  

Department of Fair Employment and Housing v. Superior Court of Santa Clara County (2022) _ Cal.App.5th _ , 2022 WL 3136002: The Court of Appeal granted a writ petition directing the trial court to vacate its order denying plaintiff's motion to proceed using a fictitious name and to reconsider the motion based on the views expressed in the Court of Appeal's opinion. Plaintiff asked that the real party in interest—the affected employee—be referred to as John Doe, in part because revealing his identity could jeopardize the safety of his family members in India. The trial court understood what interests it needed to balance. It considered the public's right to access court proceedings. It also considered whether an important interest would be prejudiced if the employee were required to publicly disclose his identity. But, the trial court erred when deciding whether an overriding interest justified anonymity because it expressly declined to consider the employee's concern about safety of family members in India. Retaliatory harm to family members—wherever they are located—is precisely the kind of interest that may justify allowing a party to litigate under a pseudonym. The fact that the family members were geographically distant did not render the concern irrelevant as a threshold matter. A party seeking anonymity has the burden to show that geographically distant family members are at risk. The trial court's task is to consider the evidence produced on that point and assign it the appropriate weight. (C.A. 6th, August 5, 2022.)  

Civil Litigation Services

I still take a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.

Mediation, Arbitration and Referee Services

I also help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case manager at ADR services, Haward Cho,  [email protected], (213) 683-1600.  

Until my next blog post, stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Master Lawyer Mentoring™
Civil Trial Attorney  
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 


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