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Los Angeles Times
Los Angeles Times
National
Emily Alpert Reyes and Dakota Smith

Judge rules that politician accused of sexually assaulting teenage girl can be named in lawsuit

LOS ANGELES _ A judge has ruled that attorneys can name a Los Angeles politician accused of sexually assaulting a 16-year-old girl in a recent lawsuit.

The decision by Los Angeles County Superior Court Judge David Sotelo also allows attorneys to serve the suit against the politician, who has been identified in court papers only as John Doe.

U.S. Rep Tony Cardenas, D-Calif., identified himself as the target of the lawsuit earlier this month. His attorney, Patricia Glaser, called the allegations "100 percent, categorically untrue."

The lawsuit, filed last month, alleges that in January 2007, the elected official gave the girl a cup of water with a "peculiar taste" while they were golfing at a Los Angeles country club, then later sexually assaulted her in a car after she had collapsed.

Glaser has described Cardenas' accuser as the daughter of a "disgruntled former employee" who "may be the victim of manipulation."

In a court filing Wednesday, attorney Lynne Brennan argued that her client, identified solely as Jane Doe, had suffered "an intolerable atmosphere" after someone came forward claiming to be John Doe and denied the allegations through his attorney.

The woman "must refrain from making any substantive statements in response to allegations maligning her motives, lest she publicly name the defendant," Brennan wrote, arguing that the situation "raises issues of equity."

Judge Sotelo said in his order that "there is a reasonable and meritorious basis" to serve the defendant. He also permitted attorneys to amend the lawsuit to identify John Doe by his real name.

The legal process for naming and serving the defendant is required under a state law governing civil cases seeking damages for childhood sexual abuse.

Under the law, a defendant in such a case cannot be served until the court has privately reviewed required documents and determined there is a "reasonable and meritorious cause" for filing the suit. The defendant must remain unnamed until there is "a showing of corroborative fact" on the allegations against him, according to the state law governing the case.

Brennan, who works with the Bloom Firm headed by attorney Lisa Bloom, requested that the court review several documents, including a "certificate of corroborative fact," in order to allow the defendant to be named.

Under state law, that document is supposed to declare that the attorney has discovered "one or more facts" that confirm or support the allegation against the defendant.

Brennan urged the court to act quickly to make sure the case is "litigated in a court of law and not the court of public opinion."

Bloom said Thursday after the ruling that she will be amending the complaint to add the defendant's real name. "We look forward to my client getting her day in court. We will aggressively protect her rights," Bloom said.

A representative for Cardenas did not immediately respond to a request for comment.

Days before Cardenas identified himself as the target of the lawsuit, reporters and political insiders quickly focused on the congressman because of key details in the suit, including his approximate age at the time of the incident, the time period in which he had served as an elected official and his interest in golf.

Cardenas contacted fellow members of Congress to assert his innocence in connection with the lawsuit. House Minority Leader Nancy Pelosi called for an ethics investigation earlier this month, but noted that Cardenas had asked his colleagues to "withhold judgment until there is a full investigation of the facts."

Former Los Angeles City Councilman Richard Alarcon said in a recent interview that he had a meeting in 2016 with a former Cardenas employee who he now believes is the accuser's father. The meeting occurred, Alarcon said, not long after he had announced plans to run against Cardenas for Congress.

Alarcon said that during the meeting, the man said he had negative information on Cardenas and would provide it to the Los Angeles Times if Alarcon gave him a job on his congressional campaign. At no point during that conversation did the man say that Cardenas had committed sexual assault against anyone, Alarcon said.

Cardenas is running for re-election in the June 5 primary. He faces four opponents: Benito Bernal, a Republican and former union leader; Angelica Maria Duenas, a human resources manager and Green Party member; Juan Rey, a mechanic who's registered as an independent; and Joe Shammas, a Democrat who ran for the seat in 2016.

Shammas and Los Angeles Unified school board member Kelly Gonez have said that Cardenas should step down.

The Los Angeles Police Department has no active investigation into Cardenas, its director of communications, Josh Rubenstein, said Thursday.

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