On August 29, 2016 a
Order
was filed
involving a dispute between
Duncan, Mattie,
and
Bukov, Konstantin D, M.D.,
Bukov, M.D., Konstantin,
Cabigao, Edwin,
Does 1 To 50,
Feniquito Lvn, Maria,
Fiedlander, Mark,
Friedlander, Mark,
Hassid, Edwin J, M.D.,
Hassid M.D., Edwin,
Hebrew Home For Aged Disabled,,
Nami Rn, Agnes,
Ng Lvn, Lily,
Rabinvoich Rn, Alla,
Ruth, Daniel,
Soares Lcsw, Christine Roppo,
Wong, Anylyn,
Wong Rn, Analyn,
Zier M.D., Bennett,
for civil
in the District Court of San Francisco County.
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IVA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-21-2016 10:17 am
Case Number: CGC-16-553933
Filing Date: Sep-21-2016 10:17
Filed by: ROCHELLE VELUZ
Image: 05561636
PETITION OF APPOINTMENT OF GUARDIAN AD LITEM
MATTIE DUNCAN VS. HEBREW HOME FOR AGED DISABLED, ET AL
001005561636
Instructions: .
Please place this sheet on top of the document to be scanned.‘ oO Oo CIv-010
ATTORNEY (Namo, State Bar number, and address): FOR COURT USE ONLY
| Christopher B. Dolan, Esq.
Quinton B. Cutlip, Esq.
DOLAN LAW FIRM
1438 Market Street F sudo EL a D
jt
San Francisco, CA 94102 County of angela
reuernoneno: (415) 421-2800 “RENO. Optra: | y of San Francisco
E-MAIL ADDRESS (Optional): , SEP Zi 2016
ATTORNEY FOR (Name): Plaintiff Mattie Duncan
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco QLERK OF THE COURT
. . By: | EK
street aooress: 400 McAllister Street
DeputyZierk
MAILING ADDRESS:
erry anozipcooe: San Francisco, CA 94102
prancu name: San Francisco Civil Courthouse
PLAINTIFF/PETITIONER: MATTIE DUNCAN, by and through her G.A.L. TERRI
KNIGHT
DEFENDANT/RESPONDENT: HEBREW HOME FOR AGED DISABLED, dba Jewish
Home of San Francisco, et al.
APPLICATION AND ORDER FOR APPOINTMENT CASE NUMBER:
-OF GU. IAN AD LITEM—CIVIL
EX PARTE GC 16-55 3933
NOTE: This form is for use if civ proceedings in which a party is a minor, an incapacitated person, or a person for
whom a conservator has been appointed. A party who seeks the appointment of a guardian ad litem in a family law or
juvenile proceeding should use form FL-935. A party who seeks the appointment of a guardian ad litem in a probate
proceeding should use form DE-350/GC-100. An individual cannot act as a guardian ad litem unless he or she is
represented by an attorney or is an attorney.
9102 6 ¢ 9NV Goa
. Applicant (name): Terri Knight is
[-] the parent of (name):
(1) the guardian of (name):
([] the conservator of (name):
|. [__] a panty to the suit.
. () the minor to be represented (if the minor is 14 years of age or older).
(52) another interested person (specify capacity): Daughter and Person with Power of Attorney
mepange
2. This application seeks the appointment of the following person as guardian ad litem (slate name, address, and telephone number):
Terri Knight
131 Ralston Street
San Francisco, CA 94132
(415) 585-5961
3. The guardian ad litem is to represent the interests of the ¢ following person (state name, address, and telephone number):
Mattie Duncan
235 St. Charles Avenue
San Francisco, CA 94132
No phone
4. The person to be represented is:
a. (| aminor (date of birth):
b. Ge] an incompetent pérson.
c. [_] a person for whom a conservator has been appointed.
5. The court should appoint a guardian ad litem because:
the person named in item 3 has a cause er causes of action on which suit should be brought (describe):
Mattie Duncan has causes of action for medical professional negligence and elder abuse based upon injuries she
suffered at a skilled nursing facility. : .
[J Continued on Attachment Sa.
Page 1 of2
Fom Adept x Manto Use APPLICATION AND ORDER FOR APPOINTMENT scl ade of Gi Procedure,
choi Rev Jaman 108 OF GUARDIAN AD LITEM—CIVIL s
)
\
boO oO
PLAINTIFF/PETITIONER: MATTIE DUNCAN, by and through her G.A.L, TERRI | CASE NuMBER:
KNIGHT
DEFENDANT/RESPONDENT: HEBREW HOME FOR AGED DISABLED, dba Jewish
5.b. [__] more than 10 days have elapsed since the summons in the above-entitled matter was served on the person named
in item 3, and no application for the appointment of a guardian ad litem has been made by the person identified in
item 3 or any other person.
the person named in item 3 has no guardian or conservator of his or her estate.
the appointment of a guardian ad litem is necessary for the following reasons (specify):
Mattie Duncan was born on August 1, 1930. She is presently 86 years old. She suffers dementia and is
incapacitated.
Civ-010
Terri Knight also has a general power of attorney from her mother Mattie Duncan that includes the right to
pursue claims and litigation on behalf Mattie Duncan. A copy of the most recent power of attomey is attached.
() Continued on Attachment 5d.
” 6. The proposed guardian ad litem’s relationship to the person he or she will be representing is:
a. [x] related (state relationship): Terri Knight is Mattie Duncan's natural daughter.
b. [(__] not related (specify capacity):
7. The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person he or she will
represent and has no interests adverse to the interests of that person. (If there are any issues of compelency or qualification or
any possible adverse interests, describe and explain why the proposed guardian should nevertheless be appointed):
([] Continued on Attachment 7.
Quinton B. Cutlip, Esq. >
(TYPE OR PRINT NAME) Ysicnar OF BFTORNEY)
\ declare under penalty of pesjury under the laws of the State of California that the foregoing is true and correcy,
Date: August (0, 2016
Terri Knight > sha Lott
{TYPE OR PRINT NAME} (SIGNATURE OF APPLICANT)
CONSENT TO ACT AS GUARDIAN AD LITEM
I consent to the appointment as guardian ad litem under the above petition.
Date: August » 2016
Terri Knight > ba Linch
(TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN AD LITEM)
ORDER (x_] EX PARTE
THE COURT FINDS that it is reasonable and necessary to appoint a guardian ad litem for the person named in item 3 of the
application, as requested. °
THE COURT ORDERS that (name): Terri Knight
is hereby appointed as the guardian ad litem for (name): Mattie Duncan
. for the reasons set forth in item 5 of the application.
Date:
ah Suzahwe 92 uy OFFICER As
([) sicnature roLiows Last ATTACAMENT cer
EM-O0 Rev, January 1, 2008) APPLICATION AND ORDER FOR APPOINTMENT Page? of2
OF GUARDIAN AD LITEM—CIVILGeneral Power of Attorney
{with Durable Provision) _
* MOTICE: THIS 6S AN IMPORTANT DOCUMENT, BEFORE SIGNING THIS YOU SHOULD KNOW THESE IMPORTANT
FACTS. THE ‘OF.THIS POWER OF ATTORNEY IS 10 GIVE THE WHOM YOU DESIGNATE {YOUR -“AGENT”}
BROAD | ‘HANDLE YOUR PROPERTY, WHICHMAY INCLUDE POWERS TO PLEDGE, SELL OR-OTHERWVISE DISFOSE OF
REVOXE THIS POWER OF ATTORNEY JF YOU LATER WISH TD DO SO.
TOALL PERSONS, bz it knowmthat, MATTIE RUTH DUNCAN,
of SAN FRANCISCO, CALIFORNIA (94132) 4
the undersigned Grantor (hereinafter Prindpa), do hereby make and grant a general power of attomey toMy NANGHTER.
TERRI LYNN KNIGHT of SAN FRANCISCO, CALTPORNIA (94332)
end do thereupan constitute and appoint said individual es my Attorey-n-Fact/Agent.
Hiony Agent ts unable to seive fcr any reason, i designate__(1st) Louisa Gili, (2), Linda Gill,
of, :
5 Iny sotmessor Agent.
subdhiston. Cross ut eech power withheld.)
(78M) Real esate transactions
(722 (8) Tenglble personal propery aansactions
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personally appeared Hoxke ©. Duwean
Name{e) of Signorys),
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be the person(s) whose riame(s) is/are subscribed to the
within instrument and acknowledged ‘to me that
_ he/she/they executed the same In his/her&heir authorized
JOSE Lu JOAQUIN capacity(ies), and that by kis/herAheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the Instrument.
( certify under PENALTY OF PERJURY under the laws
of the Stata of California that the foregoing paragraph is
true and correct.
WITNESS my hang and official seal.
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Signature hel Pay =
Place Notary Seal Abown el Naar PUBS
OPTIONAL : t
Though the information below is not required by law, it may prove valuabis to persons relying on the document
end could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:__Greweral Power ok Adeoency
Document Date: bent FZ. 2014 Number of Pages: L
Signer(s) Other Than Named Above:
Capacity(ies) Clalmed by Signer{s)
Signer’s Name:__Workt @.Duneoe _—_signer’s Name:
& Individual © Individuat
© Corporate Officer —-Tite(s} __ Corporate Officer — Title(s):
O Partner — Umited 0 General Partner —D Limited G General
cca rid
O Attorney in Fact i Reser Gi Attorney In Fact
O Trustee OTnstee
© Guardian or Conservator Q Guardian or Conservator
O Other O Other:
Signer Is Representing: __— Signer is Reprasenting:
‘S07 Kanal Hoary Asean O50 Ue Sus fo, PL Box 2402 Chwerh CA T1312 2002 watery fem sSD07 sonar: Cal Tol Fres 1-800-870-5827