Judge: Anne Hwang, Case: 22STCV18183, Date: 2024-10-22 Tentative Ruling

Case Number: 22STCV18183    Hearing Date: October 22, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

On June 2, 2022, Plaintiffs Cheryl Jackson and Akaylah Jackson (“Plaintiffs”) filed a complaint for negligence based on a motor vehicle accident. The complaint states that Akaylah Jackson is a minor and appearing through her guardian ad litem Angelo Jackson.

Plaintiffs assert that this matter has settled and seek to reassign Akaylah Jackson’s guardian ad litem, because Angelo Jackson, Akaylah’s father, has passed away.

LEGAL STANDARD

“When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed 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.” (Code Civ. Proc., § 372, subd. (a)(1).) 

“A guardian ad litem is an officer of the court appointing him or her, and is essentially an agent of the court, whose duty it is to protect the rights of a minor. The guardian ad litem has the right to control the litigation on behalf of the minor, subject to the court's approval. The guardian ad litem’s powers include the right to compromise or settle the action, to control the procedural steps incident to the conduct of the litigation, and, with the approval of the court, to make stipulations or concessions that are binding on the minor, provided they are not prejudicial to the latter's interests. In other words, these cases teach that a guardian ad litem’s role is more than an attorney's but less than a party's, in that the guardian oversees any attorney representing minor's litigation-related interests and may make tactical and even fundamental decisions affecting the litigation, but always with the interest of the minor in mind.” (County of L.A. v. Super. Ct. (2001) 91 Cal.App.4th 1303, 1311 [citations omitted].) 

“A minor who is a party in a lawsuit must appear by a guardian ad litem appointed by the court in which the action or proceeding is pending. . . . The appointment may be made on an ex parte application. A court has broad discretion in ruling on a guardian ad litem application. In the absence of a conflict of interest, the appointment is usually made on application only and involves little exercise of discretion.” (Williams v. Super. Ct. (2007) 147 Cal.App.4th 36, 46–47 [internal quotations omitted].) 

“Thus, when considering the appropriate guardian ad litem for a minor plaintiff in a civil lawsuit, the central issue is the appropriate protection of the minor's legal right to recover damages or other requested relief.” (Williams, supra, at p. 47.) 

DISCUSSION

Here, although Plaintiffs seek to reassign Akaylah Jackson’s guardian ad litem, the record indicates that no guardian ad litem had been appointed. Even though the complaint listed Angelo Jackson as guardian ad litem, Plaintiffs must complete and file an application to appoint a guardian ad litem using the most updated form (CIV-010), and proposed order (CIV-011).

Therefore, the motion is denied without prejudice to Plaintiffs completing and filing the proper forms to appoint a guardian ad litem.

CONCLUSION AND ORDER

Therefore, the motion for Reassignment of Akaylah Jacksons’ Guardian ad Litem is DENIED without prejudice.

Plaintiffs shall provide notice of the Court’s ruling and file a proof of service of such.