Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Enacted 2018 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 372.5 lets a proposed guardian ad litem apply to appear under a pseudonym by ex parte request, but only if the court finds an overriding interest in anonymity, a substantial risk of prejudice without it, a narrowly tailored order, and no less restrictive alternative.
(a)The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.
(b)A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litem's overriding interest in preserving his or her anonymity.
(c)To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:
(1)That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.
(2)That there is a substantial probability that the applicant's interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.
(3)That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicant's interest in preserving anonymity without unduly prejudicing the public's right of access or the ability of the other parties to prosecute, defend, or resolve the action.
(4)That there are no less restrictive means of protecting the applicant's interest in preserving his or her anonymity.
(1)The court may make any further orders necessary to preserve the applicant's anonymity or to allow the other parties or financial institutions to know the applicant's identity to the extent necessary to prosecute, defend, or resolve the action.
(2)In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.
(1)If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.
(2)For purposes of this subdivision, "personal identifying information" includes the guardian ad litem's name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litem's residence.
(f)The responsibility for excluding the name and personal identifying information of the guardian ad litem 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 with this subdivision.
(g)After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.
(h)This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.
Plain-English Summary
Section 372.5 extends the idea behind § 367.3 to guardians ad litem: someone stepping into a case to represent a minor or incapacitated person may have compelling reasons to keep their own identity private, and this section lets them ask the court for that protection.
The applicant must file an ex parte request alongside the guardian ad litem application, laying out the facts supporting an overriding interest in anonymity. Before granting the request, the court must make four specific findings: that the interest in anonymity is overriding, that there is a substantial probability of prejudice without pseudonym protection, that the pseudonym approach is narrowly tailored so it does not unduly interfere with public access or the other parties' ability to litigate the case, and that no less restrictive alternative would protect the same interest.
Once granted, the court can issue further orders to preserve anonymity, including letting an unrepresented guardian ad litem designate an address for service under the pseudonym. Court filings must be written to protect the guardian ad litem's identifying information, though the responsibility for redacting that information rests with the parties and their attorneys, not the court. The court retains ongoing discretion to reconsider the pseudonym order, and nothing in the section limits a plaintiff or petitioner's separate right to litigate under a pseudonym in appropriate circumstances.
Frequently Asked Questions
What must a proposed guardian ad litem show to appear under a pseudonym?
Section 372.5(c) requires the court to find an overriding interest in anonymity, a substantial probability of prejudice without pseudonym protection, that the request is narrowly tailored, and that no less restrictive means would protect that interest.
How does a guardian ad litem request permission to use a pseudonym?
The applicant files an ex parte request for leave to appear under a pseudonym at the same time as the guardian ad litem application, setting out the facts supporting an overriding interest in anonymity.
Who is responsible for redacting the guardian ad litem's identifying information from court filings?
The parties and their attorneys bear that responsibility; § 372.5(f) states the court is not required to review pleadings or other papers for compliance.
Can the court change its mind after allowing a guardian ad litem to use a pseudonym?
Yes. Section 372.5(g) lets the court retain discretion to reconsider its decision after initially granting permission to appear under a pseudonym.
Amendment History
Added by Stats 2018 ch 817 (AB 2185),s 1, eff. 1/1/2019.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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