Judge: Audra Mori, Case: 19STCV30622, Date: 2022-10-21 Tentative Ruling

Case Number: 19STCV30622    Hearing Date: October 21, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Dashiell Hammett (“Plaintiff”), a minor by and through his guardian ad litem, filed this action against Defendant Southern California Alcohol and Drug Programs, Inc. (“Defendant”) for injuries related to Plaintiff’s alleged fall from a changing table while under Defendant’s care.

At this time, Plaintiff moves to substitute Alejandra Tischhauser as Plaintiff’s guardian ad litem.  The motion is taken off calendar.  Plaintiff’s counsel has again failed to follow the required procedures for obtaining a guardian ad litem.  Counsel’s failure to follow the proper procedure results in delays and misuse of the parties’ and the court’s resources. 

Plaintiff’s Counsel is ordered to file any Application and Order for Appointment of Guardian Ad Litem on mandatory Judicial Council form CIV-010.  Notably, Plaintiff’s counsel has already been informed of this procedure, (Min. Order, Feb. 11, 2021), and has filed three prior such applications on August 29, 2019, October 22, 2019, and May 3, 2021.  Use of the mandatory form will result in the application being directed to the proper department for decision.  Department 31 and other courts in the Personal Injury hub do not decide guardian ad litem appointments.

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 21^st day of October 2022