Judge: Daniel S. Murphy, Case: 22STCV29783, Date: 2024-03-06 Tentative Ruling

Case Number: 22STCV29783    Hearing Date: March 6, 2024    Dept: 32

BACKGROUND

            On September 13, 2022, Plaintiff Francisca Villalpando filed this action against Defendant Serafin H. Villalpando and Does 1 through 10. The complaint asserts (1) quiet title, (2) slander of title, (3) financial elder abuse, (4) deceit, (5) and cancellation of written instrument.

            On August 17, 2023, default was entered for Plaintiff against Defendant Serafin H. Villalpando. A default prove-up hearing has been set for March 26, 2024.

            On January 22, 2024, Plaintiff filed the instant motion to appoint her niece and caretaker, Claudia Desales, as guardian ad litem. Plaintiff’s Application and Order for Guardian Ad Litem was rejected on January 25, 2024 for failing to include certain necessary information. The notice of rejection asked Plaintiff to resubmit a revised form.

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(a)(1).)

DISCUSSION

            Initially, the Court notes that Plaintiff’s motion claims the case is against Oracio Serafin Villalpando and Gumercindo Villalpando. (See Mtn. 3:3-6.) Neither of these individuals are named in the complaint, and Plaintiff has not executed any Doe amendments. Default was entered on August 17, 2023 against the single named Defendant, Serafin H. Villalpando.

            As to Plaintiff’s request to appoint a guardian ad litem, Plaintiff’s initial application was rejected, and Plaintiff was instructed to refile a proper application. Plaintiff has not filed an amended application. Plaintiff must file a correct application with the necessary information in order for the Court to grant her request.