Roe v. Smith, 116 Cal. App. 5^th 227 (2025)

Plaintiffs (Jane Roe and John Doe) sued defendants, a daughter and mother, pseudonymously as “Jenna Smith” and “Mother Smith.” Jenna and Mother Smith told other students that John had sexually assaulted Jenna and Jane. Following an investigation in which John voluntarily cooperated, the school determined John was not responsible with respect to any of the claims Jenna had made against him. John and Jane then sued the Smiths for defamation, false light and intentional infliction of emotional distress and sought damages in excess of $5 million. Nonparty First Amendment Coalition (the Coalition) filed a motion to “unseal” plaintiffs’ true names, which the trial court denied as being “premature” because there was nothing to unseal. The trial court then directed plaintiffs to file a motion to maintain their anonymity; all parties filed motions to proceed under pseudonyms, which the trial court granted. The Coalition filed an appeal as to the granting of plaintiffs’ motion only. The Court of Appeal reversed the trial court’s grant of plaintiffs’ motion, holding that a “party’s possible personal embarrassment, standing alone, does not justify concealing their identity from the public.” Further, the Court disagreed that a “reasonable fear of one’s employer learning about allegations of a private nature overcame the public’s right of access.”