Rhyne
Rhyne v. Does 1 through 100 CA2/1
Opinion
Opinion
Bendix, J.
BACKGROUND
On January 3, 2023, plaintiff filed a complaint alleging a school employee sexually molested her on multiple occasions in 1968 and 1969, when plaintiff was seven and eight years old. She named as defendants the school, the school district, and the alleged perpetrator. Pursuant to section 340.1, the complaint identified the school and school district as Does 1 and 2, respectively. Pursuant to sections 340.1 and 474, the complaint identified the perpetrator as Doe 3. The complaint also listed unidentified defendants Does 4–100 pursuant to section 474. On February 24, 2023, plaintiff’s counsel and a mental health practitioner filed certificates of merit as required by section 340.1. At a case management conference on May 31, 2023, plaintiff’s counsel stated he had yet to serve the summons and complaint. The trial court ordered him to do so. On November 3, 2023, Doe 2, the school district, moved to quash service of summons. Doe 2 argued plaintiff could not include Doe 2 as a defendant unless plaintiff either used Doe 2’s actual name in the complaint, or plaintiff satisfied the
On October 21, 2025, plaintiff filed a “Motion for Immediate Disposition Without Oral…