§ 367.3.Right of Protected Person to Proceed Under Pseudonym

Title 3. Of the Parties to Civil Actions · Chapter 1. General Provisions · Enacted 2019 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 367.3 lets a participant in California's address confidentiality program sue or be sued as John Doe, Jane Doe, or Doe, while excluding identifying details from public filings through a confidential information form filed with the court.

Full Text of § 367.3

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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 other parties, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the protected person, from which the protected person'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.

(3) "Protected person" means 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.

(b)

(1) A protected person who is a party in a civil proceeding may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the protected person and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the protected person. A protected person who proceeds using a pseudonym as provided in this section shall file with the court and serve upon all other parties to the proceeding a confidential information form for this purpose that includes the protected person's name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential.

(2) In cases where a protected person proceeds using a pseudonym under this section, the following provisions shall apply, subject to sanction for an intentional violation:

(A) Except as provided in subparagraph (B), all parties and their agents and attorneys shall use the pseudonym in all pleadings, discovery requests or discovery motion 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) A party seeking discovery in which the true name of the protected person and identifying information must be divulged for the purposes of fair and reasonable discovery, may use the true name of the protected person and identifying information for purposes of that discovery. The discovery request and all information collected through the discovery process shall not be made public and, if filed in court, shall be subject to subparagraph (C).

(C)

(i) A party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the protected person 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 protected person's name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential.

(D) Following final disposition of the proceedings a party in possession of any pleading, discovery document, or other document containing confidential information of the protected person obtained in the course of the action shall treat the documents as a nonpublic consumer record in accordance with Section 1798.81 of the Civil Code, subject to penalty for violations of that section.

(E) If the protected person is a minor dependent or minor ward of the state, the minor's parent, guardian, or attorney shall inform the minor's social worker or probation officer of the minor's participation in the action. The social worker or probation officer shall keep this information confidential.

(3) The responsibility to exclude or redact identifying characteristics of the protected person 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) The court, on motion of the protected person, may order a record or part of a record to be filed under seal in accordance with Rules 2.550 and 2.551 of the California Rules of Court, as those rules 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 of Title 47 of the United States Code230. 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 January 1, 2021.

(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.

End

Plain-English Summary

Section 367.3 gives people enrolled in the state's address confidentiality program -- a protection typically extended to survivors of stalking, domestic violence, or similar threats -- a way to litigate without exposing where they live or how to find them. The protected person may appear under a pseudonym and leave out identifying details such as a name, address, phone number, or online identifiers from pleadings and other filed documents.

To make this work, the protected person files a confidential information form that discloses the real name and the redacted details to the court, which keeps that form confidential. Everyone in the case -- parties, attorneys, and agents -- must use the pseudonym in filings and open proceedings, though a party who needs the protected person's real identity for legitimate discovery can obtain it, subject to strict limits on further disclosure. The complaint's caption must flag that the action is brought under this section, and any case involving a minor dependent or ward requires notice to that minor's social worker or probation officer.

The statute leaves untouched an interactive service provider's federal immunity under 47 U.S.C. § 230 and does not limit any other remedy the plaintiff might pursue. The Judicial Council was directed to adopt implementing rules and forms by January 1, 2021.

Frequently Asked Questions

Who can sue under a pseudonym using § 367.3?

A person who is an active participant in California's address confidentiality program created under Government Code § 6205 et seq. may proceed as John Doe, Jane Doe, or Doe under this section.

What has to be filed to protect a party's identity under this section?

The protected person files a confidential information form with the court and serves it on the other parties, disclosing the real name and other identifying details being excluded from the public filings; the court keeps that form confidential.

Can the other side ever learn the protected person's real identity?

Yes, for discovery that requires it, but the discovery materials and information gathered through that process are kept out of the public record and remain subject to the same redaction rules if filed with the court.

Does using a pseudonym under this section limit a plaintiff's other legal options?

No. Section 367.3(d) states that the section does not limit or preclude a plaintiff from securing or recovering any other available remedy.

What must appear in the caption of a complaint filed under § 367.3?

The caption must state, "ACTION BASED ON CODE OF CIVIL PROCEDURE SECTION 367.3," so the court and other parties know the pseudonym and redaction procedures apply.

Amendment History

Added by Stats 2019 ch 439 (AB 800),s 1, eff. 1/1/2020.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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