On August 17, 2015 a
Minute Order - (Hearing on Motion - Other to Remove Guardian Ad Litem)
was filed
involving a dispute between
Aguilar Maria,
Bejarano Damian,
Garcia Catalina,
and
Estate Of Lazaro Garcia,
Garcia Catalina,
Ramos Macario,
Ramos Maria,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 94
15K10260 May 1, 2018
BEJARANO, DAMIAN vs GARCIA, LAZARO 8:30 AM
Judge: Honorable Jon R. Takasugi CSR: None
Judicial Assistant: S. Holman ERM: None
Courtroom Assistant: S. Shumate Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s):HOMAN & STONE (Telephonic) by: Marvin Amoroso
For Defendant(s): No Appearances
NATURE OF PROCEEDINGS: Hearing on Motion - Other to Remove Guardian Ad Litem
The court’s tentative ruling is posted online and in open court for parties to review.
The matter is called for hearing.
The plaintiff submits to the court’s tentative ruling via Court Call.
The court adopts its tentative ruling as the final order of the court, as follows:
The court sets an Order to Show Cause re: Status of Guardian ad Litem for 07/20/2018 at 8:30
a.m. in Department 94.
Legal Standard
“The appointment of a guardian ad litem is subject to ongoing court supervision and the removal
of a guardian ad litem, who functions partly as an officer of the court, is a matter within the
court's control to be exercised as part of its inherent powers.” (Golin v. Allenby (2010) 190
Cal.App.4th 616, 643-44.) It is the guardian ad litem’s duty “to protect the incompetent person's
rights in the action, to control the litigation, to compromise or settle, to direct the procedural
steps, and make stipulations.” (Id. at 644; see also In re Charles T. (2002) 102 Cal.App.4th 869,
875–876.)
Discussion
Plaintiff Damian Bejarano is eleven years old. At the time of filing the complaint in this action,
Maria Aguilar, Plaintiff’s biological mother, was appointed as his guardian ad litem (“GAL”).
(Decl. Amoroso ¶ 2.) Plaintiff’s counsel made efforts to contact Ms. Aguilar in preparation for
trial in January of 2018. (Id. ¶ 4.) Ms. Aguilar did not respond. (Id.) On February 22, 2018, Ms.
Minute Order Page 1 of 2
Document Filed Date
May 01, 2018
Case Filing Date
August 17, 2015
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 94 15K10260 May 1, 2018 BEJARANO, DAMIAN vs GARCIA, LAZARO 8:30 AM Judge: Honorable Jon R. Takasugi CSR: None Judicial Assistant: S. Holman ERM: None Courtroom Assistant: S. Shumate Deputy Sheriff: None APPEARANCES: For Plaintiff(s):HOMAN & STONE (Telephonic) by: Marvin Amoroso For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Hearing on Motion - Other to Remove Guardian Ad Litem The court’s tentative ruling is posted online and in open court for parties to review. The matter is called for hearing. The plaintiff submits to the court’s tentative ruling via Court Call. The court adopts its tentative ruling as the final order of the court, as follows: The court sets an Order to Show Cause re: Status of Guardian ad Litem for 07/20/2018 at 8:30 a.m. in Department 94. Legal Standard “The appointment of a guardian ad litem is subject to ongoing court supervision and the removal of a guardian ad litem, who functions partly as an officer of the court, is a matter within the court's control to be exercised as part of its inherent powers.” (Golin v. Allenby (2010) 190 Cal.App.4th 616, 643-44.) It is the guardian ad litem’s duty “to protect the incompetent person's rights in the action, to control the litigation, to compromise or settle, to direct the procedural steps, and make stipulations.” (Id. at 644; see also In re Charles T. (2002) 102 Cal.App.4th 869, 875–876.) Discussion Plaintiff Damian Bejarano is eleven years old. At the time of filing the complaint in this action, Maria Aguilar, Plaintiff’s biological mother, was appointed as his guardian ad litem (“GAL”). (Decl. Amoroso ¶ 2.) Plaintiff’s counsel made efforts to contact Ms. Aguilar in preparation for trial in January of 2018. (Id. ¶ 4.) Ms. Aguilar did not respond. (Id.) On February 22, 2018, Ms. Minute Order Page 1 of 2