Judge: Daniel M. Crowley, Case: 20STCV47691, Date: 2022-12-09 Tentative Ruling

Case Number: 20STCV47691    Hearing Date: December 9, 2022    Dept: 28

Plaintiffs Robyn Ross and Kimberly Edwards’ Motion to Removed Incorrectly Filed Application and Order for Appointment of Guardian Ad Litem

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On December 14, 2020, Plaintiffs Robyn Ross (“Ross”) and Kimberly Edwards (“Edwards”) filed this action against Defendants ICEF Inglewood Elementary Charter Academy (“ICEF”), Inglewood Unified School District (“IUSD”), City of Inglewood (“City”), County of Los Angeles (“County”) and Good Sports Plus LTD. (“GSP”) for negligence and negligent hiring, training, supervision and retention of unfit employees.

On November 15, 2022, Plaintiffs filed a Motion to Removed Incorrectly Filed Application and Order for Appointment of Guardian Ad Litem, to be heard on December 9, 2022.

There is no currently scheduled trial date.

PARTY’S REQUESTS

Plaintiffs request the Court strike the incorrect application, filed October 6, 2021, and replace it with the correct order.

LEGAL STANDARD

CCP §576 provides: “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.”

DISCUSSION

Ross is currently represented by the same counsel in two separate matters—counsel accidentally filed the GAL form for the other case in this action. Ross is a minor in need of a GAL to pursue litigation. Edwards has agreed to act as Ross’s GAL in this case. The Court finds good cause and grants the motion.

CONCLUSION

Plaintiffs Robyn Ross and Kimberly Edwards’ Motion to Removed Incorrectly Filed Application and Order for Appointment of Guardian Ad Litem is GRANTED. The application filed on October 6, 2021, is stricken.  Plaintiff’s counsel is ordered to file the correct petition within 5 days.

Moving Party is ordered to  give notice and to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.