How to Appoint Guardian Ad Litem?

Useful Rulings on Appointment of Guardian Ad Litem

Recent Rulings on Appointment of Guardian Ad Litem

ESSEX & PALOMINO, LLC VS. ERIC CANTLEY, ET AL

On January 29, 2020, the Court granted Applicant Melissa Anderson’s Application and Order for Appointment of Guardian Ad Litem – Civil, ordering Melissa Anderson be appointed as the guardian ad litem for Eric Cantley. On October 19, 2020, the Court continued the hearing on the instant petition, ordering counsel to file a new Petition to Approve Compromise of Disputed Claim, correcting the deficiencies pointed out in the Court’s October 19, 2020 tentative ruling.

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IN RE THE ESTATE OF ANTHONY ANSELMO SICRE, DECEASED

However, there is no appointment of Guardian ad litem filed in the file. (CCP§372.) The documents provided and the attorney fee agreement have either been signed by the minor’s father, Michael Espinoza, or make reference to him. There are no documents that provide the name Erica J. Thompson, nor signed by her. It is unclear who the petitioner is, and how she is Guardian ad litem. The petitioner shall clarify. 2.

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MATTER OF SERAFIN GARCIA OLVERA, JR

If petitioner disagrees, this court welcomes further briefing of legal authority on that issue. 4) Petition for Appointment of Guardian Ad Litem. Pursuant to CCP section 372, petitioner may not petition for the minor without first being appointed guardian ad litem.

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JEAN LAHIJANI VS AMTECH ELEVATOR SERVICES ET AL

On September 21, 2020, Plaintiff filed an Application and Order for Appointment of Guardian Ad Litem, which was rejected by the Court “because Court requires medical proof of the condition that supports a finding of incompetency.”

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  • Type

    Personal Injury/ Tort

  • Sub Type

    other

VICTOR MONTES , ET AL. VS PAMA IV PROPERTIES, LP, A CALIFORNIA LIMITED PARTNERSHIP, ET AL.

procedural history Plaintiffs filed the Complaint on August 1, 2019, alleging 9 causes of action: Breach of Implied Warranty of Habitability Violation of Civil Code section 1942.4 Violation of Civil Code section 1941.1 Violation of Health & Safety Code section 17920.3 Breach of the Covenant of Quiet Enjoyment Nuisance Negligence Negligent infliction of emotional distress Violation of unfair competition law The court granted applications and orders for appointment of guardian ad litem for the minor

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  • Type

    Real Property

  • Sub Type

    other

ESSEX & PALOMINO, LLC VS. ERIC CANTLEY, ET AL

On January 29, 2020, the Court granted Applicant Melissa Anderson’s Application and Order for Appointment of Guardian Ad Litem – Civil, ordering Melissa Anderson be appointed as the guardian ad litem for Eric Cantley. On or about April 9, 2019, Cantley was involved in a motorcycle accident and has been in a comatose state ever since. Cantley now seeks an order approving the compromise of a disputed claim for a person with a disability.

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BARBARA GIESE VS MATTYE FEGAN-PERRY

The court record reflects that on October 18, 2019, Cross-Defendants filed (and mail-served to McIntosh) a “Notice of Ruling on Hearing Regarding Appointment of Guardian Ad Litem for Mattye Fegan-Perry,” attaching the court’s October 17, 2019 minute order and advising therein, inter alia, of the date, time and location of McIntosh’s deposition. On October 23, 2019, at approximately 10:00 a.m., McIntosh appeared for her deposition. (Zindel Decl., ¶12.) The deposition began at 10:30 a.m. (Id.)

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NORBERTO LEZA III VS NAYELY CASTRELLON

On July 2, 2020, the Court indicated in the tentative ruling that while the proposed settlement and requested attorney’s fees were fair and reasonable, the Court did not have a granted order for appointment of guardian ad litem on file, a proposed order approving compromise of disputed claim (Judicial Council Form MC-351), or a proposed order to deposit money into blocked account (Judicial Council Form MC-355).

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LOWRY V. LOWRY

General Principles Re: Appointment of Guardian Ad Litem When a person who lacks legal capacity to make decisions is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.

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HARRIS V. AG LAGUNA HILLS LLC

Motion for Appointment of Guardian ad Litem – CONTINUED Before the Court is a Motion by Applicant Arjuna Quinn (“Quinn”) that asks the Court to enter an order pursuant to Sections 372 and 373 of the Code of Civil Procedure (“CCP”) appointing him Guardian Ad Litem for the Plaintiff in this action, Margareta Harris (“Plaintiff”). Quinn is Plaintiff’s son-in-law. For the reasons set forth below, the Motion is CONTINUED to October 26, 2020 at 1:30 p.m. Pursuant to CCP Section 372.

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NORBERTO LEZA III VS NAYELY CASTRELLON

On July 2, 2020, the Court issued a tentative ruling and continued the hearing to September 16, 2020 so that Petitioner could submit an order for appointment of guardian ad litem, proposed order approving compromise of disputed claim, and order to deposit money into blocked account. However, none of these documents are on file. The Petition is DENIED without prejudice.

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MCCULLOUGH VS. ZHANG

Accordingly, this Court previously continued the Motion for the parties to meet and confer as to Plaintiff’s legal capacity and whether appointment of guardian ad litem was necessary. No further papers have been filed and thus, the Court can only assume appointment of guardian ad litem is not necessary at this time. Accordingly, the Motion is GRANTED and Plaintiff is ordered to attend and testify at her deposition.

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MCCULLOUGH VS. ZHANG

Here, it is unclear whether Plaintiff lacks capacity to sue in her own name and whether appointment of guardian ad litem is necessary. Thus, the parties should be ordered to meet and confer further as to this issue. Defendants to give notice.

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SUNWEST BANK V OAK PARK MANOR, LP

Application and Order for Appointment of Guardian Ad Litem No Tentative. Court will discuss Application with parties at hearing.

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INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS NICOLE NARE KARAPETYAN

procedural history Smith filed the Complaint on March 20, 2019, alleging five causes of action: Elder abuse and neglect Violation of Residents’ Bill of Rights Elder abuse and neglect Violation of Residents’ Bill of Rights Negligence On January 28, 2020, the court granted Plaintiff’s application for appointment of guardian ad litem in Mary Marshall, Smith’s sibling. On January 31, 2020, Plaintiff filed the summons on the Complaint.

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WILLIE SMITH VS LA BREA REHABILITATION CENTER, LLC, ET AL.

procedural history Smith filed the Complaint on March 20, 2019, alleging five causes of action: Elder abuse and neglect Violation of Residents’ Bill of Rights Elder abuse and neglect Violation of Residents’ Bill of Rights Negligence On January 28, 2020, the court granted Plaintiff’s application for appointment of guardian ad litem in Mary Marshall, Smith’s sibling. On January 31, 2020, Plaintiff filed the summons on the Complaint.

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CORY PERKINS VS RITE AID

Petitioner must file Form CIV-010, Application and Order for Appointment of Guardian ad Litem – Civil. MC-350 ¶ 14(b): Petitioner listed lost wages of $336.00 as expenses, and deducted them from the Claimant’s total award. However, this expense was not listed under ¶ 15(b) to indicate he seeks reimbursement of that expense or include the required attachments.

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URBINA KARMEN, ET AL. VS PAUL AZZI, AS AN INDIVIDUAL, ET AL.

On January 30, 2019, the Court noted the Petition was incomplete, that Petitioner’s application for Appointment of Guardian Ad Litem for Claimant was rejected, and that the Petition failed to include a proof of service demonstrating Defendants were properly served. (1/30/19 Minute Order.)

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NORBERTO LEZA III VS NAYELY CASTRELLON

However, the Court does not have a granted order for appointment of guardian ad litem on file. There are only two rejected applications in the record. Also, there is no proposed order approving compromise of disputed claim (Judicial Council Form MC-351) or order to deposit money into blocked account (Judicial Council Form MC-355). The unopposed Petition to approve minor’s compromise is GRANTED on the condition that Petitioner lodges these orders and brings copies of these orders to the hearing.

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MARTINEZ-MEDINA V. EL DORADO TRANSIT AUTHORITY

Application for Appointment of Guardian ad Litem. A minor and the minor’s parent have filed an action against defendant for general negligence, property damage and personal injuries they allegedly sustained in a motor vehicle accident. The minor’s parent filed an application for appointment as the minor’s guardian ad litem. The matter was set for a noticed hearing.

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ABRAHAM DE JESUS SOLANO CHICAS V. W.A. RASIC CONSTRUCTION INC REQUEST FOR APPOINTMENT OF GUARDIAN AD LITEM

The request on behalf of the minor, Said Solano, for the appointment of his father and co- plaintiff, Abraham De Jesus Solano Chicas, as his guardian ad litem will be denied in the absence of additional information. Analysis: The minor’s first request for the appointment of his father as his GAL was denied on March 18, 2020, for two reasons, includ...

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LOWRY V. LOWRY

Defendants’ motion to vacate appointment of guardian ad litem and remove guardian ad litem is granted. Rena Lowry is ordered removed as William Lowry’s guardian ad litem. The court sets a hearing re: appointment of the public guardian as guardian ad litem for William Lowry in this action at 8:30 a.m. on Friday, July 17, 2020, in Department Nine. TENTATIVE RULING # 1: DEFENDANTS’ MOTION TO VACATE APPOINTMENT OF GUARDIAN AD LITEM AND REMOVE GUARDIAN AD LITEM IS GRANTED.

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MARTINEZ-MEDINA V. EL DORADO TRANSIT AUTHORITY

Application for Appointment of Guardian ad Litem. A minor and the minor’s parent have filed an action against defendant for general negligence, property damage and personal injuries they allegedly sustained in a motor vehicle accident. The minor’s parent filed an application for appointment as the minor’s guardian ad litem. The matter was set for a noticed hearing.

  • Hearing

JAZLYNN AMARI MORAN, ET AL. VS GARFIELD MEDICAL CENTER, ET AL.

DISCUSSION Request for Judicial Notice Plaintiff requests that the Court take judicial notice of the filings and pleadings in the instant action, including the application for appointment of guardian ad litem. (RJN, p. 2.) The Court notes that, going forward, such a request is not necessary as the pleadings and application are already part of the record. Pursuant to Evidence Code section 452, subdivision (d), the request is GRANTED. Motion for Trial Preference Plaintiff is one year old. (Mot., p. 3-4.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

WILSON V. KAISER FOUNDATION HOSPITALS

On July 24, 2019, the court rejected Plaintiff’s application and order for Appointment of Guardian Ad Litem on behalf of ELI ANTHONY WILSON on the basis that ELI ANTHONY WILSON was not a named party to the action and that the complaint would need to be amended to add him as a party. The application included the demand for arbitration submitted to Kaiser on behalf of ELI. 8.

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