Legal Question in Real Estate Law in California

I am contemplating filing a lawsuit (against my HOA over property maintenance issues) but am VERY worried about vandalism and possibly other forms of retaliation and want to avoid disclosing my (new, different than property in question) physical address when filing. Is it possible to circumvent disclosing it?


Asked on 5/19/11, 9:58 pm

3 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

yeah use a different address or get an attorney. They are entitled to ask where you live in discovery. I wouldn't worry about them retaliating in such a way.

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Answered on 5/19/11, 11:29 pm
Anthony Roach Law Office of Anthony A. Roach

The HOA already knows your address. If you are filing in Los Angeles County, which appears from your zip code, you will have to file a Civil Case Cover Sheet and Civil Case Cover Sheet Addendum, disclosing to the court your address for purpose of case assignment, regardless of whether or not you have an attorney. The court clerk is not going to issue a summons until that is done.

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Answered on 5/20/11, 7:45 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Assuming the proposed action will be in a state court......

If it's Los Angeles Superior Court: I've just looked at Form LACIV-109, the Statement of Location form, and I don't take it to require disclosure of the plaintiff's current residence address. The form is more oriented to placing the case in the right courthouse based upon where the defendant resides, or where the alleged incident occurred. It does indeed ask for an address, but in your case, that's more likely the HOA's or former residence address.

That leaves two main ways in which a plaintiff's address might be disclosed. Number one is that each pleading and other paper served with the Court must have the name and address of the preparer, and certain other information, up in the upper left corner. You can avoid disclosing your residence address by (a) retaining an attorney, or (b) using a post office box.

The other possibility is that you will be asked in discovery where you reside. This question is on the Form Interrogatories, Question 2.5(a). If the answer is irrelevant to any real issue in the case and you feel answering would unnecessarily invade your privacy, you could so state in your response to the interrogatory and your refusal to answer would probably be upheld if challenged.

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Answered on 5/20/11, 9:08 am


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