Complaint,Petition: G.V. VS KERN HIGH SCHOOL DISTRICT ET AL

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                                DANIEL RODRIGUEZ,
     VICTORIA HARP, E S
     RODRIGUEZ & AS
                          ES
                            SB
                               8¢
                            TATES.
                                     Qa spasyons
     A PROFESSIONAL LAW CORPORATION
     1128 TRUXTUN  AVENUE
     BAKERSFIELD, CA       01
     PHONE (661) 323-1400 FAX (661) 323-0132
     Attorneys     for G.V., a minor by and through her guardian ad litem,
     JOSEP!      F. ETIE) NNE


                     SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
                                      METROPOLITAN DIVISION

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                                                           Case No.:   BCV-21-102017-DZ
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     G.V., a minor by and through her guardian ad:
12   litem JOSEPH F. ETIENNE                               PETITION FOR ORDER
                                                           TERMINATING JOSEPH F
13                                                         ETIENNE AS GUARDIAN AD LITEM
                             Plaintiffs,                   FOR PLAINTIFF, G.V.;
14                                                         MEMORANDUM OF POINTS AND
                                                           ALRBORITIES;      [PROPOSED]
15   vs.

16
     KERN HIGH SCHOOL DISTRICT;
17   ASSISTANT PRINCIPAL MELISSA RIZO;
18
     DEAN OF STUDENTS STEVEN
                                                       a
     ANDERSON; TEACHER ERIN
19   WHEELER;        and Does 1 to 100, inclusive          Complaint Filed: 8/30/2021
20                                                         Trial Date: 05/28/2024
                             Defendants.
21

22

23                                             PETITION
24

25         1. Petitioners are: (a) Plaintiff, G.V.; and (b) her current Guardian ad Litem, JOSEPH
26            F. ETIENNE.
27

28         2. Plaintiff, G.V., was born on July 6, 2005.


      PETITION FOR ORDER TERMINATING JOSEPH F. ETIENNE AS GUARDIAN AD LITEM FOR PLAINTIFF, G.V.;
                      MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER
Petitioner, JOSEPH F. ETIENNE, was appointed ad Guardian ad Litem for
           Plaintiff, G.V., by Order of this Court dated September 7, 2921.


           At the time of the Complaint was filed in this action, Plaintiff, G.V., was a minor.
           Thus, it was necessary to have a Guardian ad Litem appointed in order to initiate
           the lawsuit and protect her rights and interest in this matter.


           Plaintiff, G.V. is no longer a minor. Plaintiff, G.V. is now a competent adult, is
           able to manage her own affairs, understands and appreciates the rights, duties,
10         responsibilities, and probable consequences that accompany his decisions, and
in         therefore, no longer requires a Guardian ad Litem to protect her rights and interests
42         in this matter.
13

14         THEREFORE: Petitioner, G.V., a Plaintiff herein, and Petitioner, JOSEPH F.
1s         ETIENNE, her current Guardian ad Litem, request that the Court terminate the
16         appointment of JOSEPH F. ETIENNE as Guardian ad Litem for Plaintiff, G.V. on
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           the grounds demonstrated above.
18

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     DATED: August _, 2023                                    On
21                                                            G.V., Plaintiff
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                                                                  \       oH
23
                                                                      \
24   DATED: August&___, 2023
25                                                            JOSEP ap ra                 Guardian
                                                              Ad Lite!
26

27

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      PETITION FOR ORDER     TERMINATING   JOSEPH F, ETIENNE AS GUARDIAN   AD LITEM   FOR PLAINTIFF, G.V.;
                      MEMORANDUM OF POINTS AND ey         aon:        [PROPOSED] ORDER
MEMORANDUM           OF POINTS AND AUTHORITIES


      I      INTRODUCTION

      Petitioners are (a) Plaintiff, G.V.; and (b) her current Guardian ad Litem, JOSEPH F.
      ETIENNE. Petitioners request that the Court terminate the appointment of JOSEPH
      F. ETIENNE as Guardian ad Litem for Plaintiff, G.V., on the grounds that Plaintiff,
      G.V., is no longer a minor.

      IL.    THE COURT SHOULD GRANT                THE APPLICATION

      At the time the Complaint was filed in this action, Plaintiff, G.V., was a minor.   As
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      demonstrated in the attached Petition, Plaintiff, G.V. is no longer a minor, and
i     therefore, does not require a Guardian ad Litem to protect her interests in this matter
12    Thus, the appointment of JOSEPH F. ETIENNE, as Guardian ad Litem for Plaintiff,
      G.V. should be terminated.
13

14    Removal of a Guardian ad Litem and termination of the guardianship lies entirely
      within the power of the Court that appointed the Guardian. In re Hathaway’s Estate
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      (1896) 111 Cal. 270; In re Corotto (1954)125 Cal.App.2d 314.
16

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      Appointment of a Guardian ad Litem is appropriate where a party to an action is
      incapacitated or incompetent. See Cal. Civ. Pro. Code § 372; Cal. Prob. Code §
18    1801. A Guardian ad Litem is no longer required where, as here, the party is no
19    longer incapacitated or incompetent. See id.

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      Til.   CONCLUSION
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      For the foregoing reason, the Court should grant the Petition and enter an Order
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      terminating the appointment of JOSEPH F. ETIENNE as Guardian ad Litem for
23    Plaintiff, G.V.
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      DATED: August 4, 2023                             RODRIGUEZ&         ASSOCIATES
25

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                                                        By:
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                                                         VICTORIA L. HARP, ESQ.
28                                                       Attorney for Plaintiff


     PETITION FOR ORDER TERMINATING JOSEPH F. ETIENNE AS GUARDIAN AD LITEM FOR PLAINTIFF, G.V.;
                     MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER
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PROOF OF SERVICE


     STATE OF CALIFORNIA, COUNTY OF KERN
            I am employed in the County of Kern, State of California. I am over the age of 18
     and not a party to the within action; my business address is 1128 Truxtun Avenue,
     Bakersfield, California 93301

            On August 4, 2022, I served the foregoing document described as follows:

         PETITION FOR ORDER TERMINATING JOSEPH F. ETIENNE AS
     GUARDIAN AD LITEM FOR PLAINTIFF, G.V.; MEMORANDUM OF POINTS
10                AND AUTHORITIES; [PROPOSED] ORDER

il
      X__   by placing the true copies thereof                  by placing the original
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     addressed as follows:
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14    Steve Harber, Esq.
15    Amy Evenstad, Esq.                                 Attorney for Defendants and Cross-
      Eric Ovitz, Esq.                                                         Complainant:
16                                                        KERN HIGH SCHOOL DISCTRIC,
      McCUNE & HARBER, LLP
17    515 South Figueroa Street, Ste. 1100             MELISA RIZO, STEVEN ANDERSON,
      Los Angeles, CA 90071                                          and ERIN WHEELER
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      Phone: (213) 689-2500
19    Fax No.: (213) 689-2501
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      E-mail: sharber@mccuneharber.com
      eovitz@ mccuneharber.com
21    aevenstad  @ mccuneharber.com
      malvarez@ mecuneharber.com
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      hkee@ mccuneharber.com
23    apolk@mecuneharber.com
24

25

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            BY MAIL - I enclosed such document in a sealed envelope and caused such
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     envelope to be deposited in the mail at Bakersfield, California. The envelope was mailed
28   with postage thereon fully prepaid. I am “readily familiar” with this firm’s practice of
     collection and processing of correspondence for mailing. It is deposited with the U.S.
      PETITION FOR ORDER TERMINATING JOSEPH F. ETIENNE AS GUARDIAN AD LITEM FOR PLAINTIFF, G.V.;
                      MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER
                                                  -4
Postal Service on that same day in the ordinary course of business. I am aware that on
     motion of party, service is presumed invalid if postal cancellation date or postage meter date
     is more than one day after date of deposit for mailing affidavit.

            BY OVERNIGHT DELIVERY - I enclosed such document in a sealed envelope
     and caused it to be deposited in a box or other facility regularly maintained by the express
     service carrier, or delivered to an authorized courier or driver authorized by the express
     service carrier to receive documents, in an envelope or package designated by the express
     service carrier with delivery fees paid or provided for, addressed to the person on whom it is
     to be served, at the office address as last given by that person.

       X_   BY EMAIL OR ELECTRONIC             FILING/SERVICE — Based upon a court order,
     local Rules of Court, or an agreement of the parties to accept service by e-mail or electronic
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     transmission, I caused the documents to be sent/electronically served to the persons at the e-
I    mail addresses listed. (C.C.P. § 1010.6; and CRC § 2.251).
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             BY FACSIMILE - I caused such document to be transmitted to a facsimile machine
14   maintained by the person on whom it is served at the facsimile machine telephone number
     as last given by that person.
15

16         BY PERSONAL SERVICE - I enclosed such document in a sealed envelope and
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     caused it to be delivered by hand to the offices of the addressee(s).

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            Executed on August 4, 2022, at Bakersfield, California.
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      X_    (State)      I declare under penalty of perjury under the laws of the State of
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     California that the above is true and correct.
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                                         “Rede Yralear
                                                   Phoebe Lucker

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      PETITION FOR ORDER TERMINATING JOSEPH F. ETIENNE AS GUARDIAN AD LITEM FOR PLAINTIFF, G.V.;
                      MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER
                                                  -5