Judge: James A. Mangione, Case: 37-2022-00048903-CU-MM-CTL, Date: 2024-03-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 09, 2024

02/09/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2022-00048903-CU-MM-CTL NOMAN VS PHREANER MD [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion to Add Defendants and Plaintiff is denied.

'A person or entity may become a party defendant only in two ways: by being named as a defendant, or by being properly named and served as a fictitiously named defendant pursuant to Code of Civil Procedure] section 474.' (Kerr-Mcgee Chemical Corp. v. Superior Court (1984) 160 Cal.App.3d 594, 597.) In order to invoke Section 474, plaintiffs are required to plead the existence of an unknown defendant and name the fictitious defendant in the pleading. Although Section 473(a)(1) governs amendments to pleadings, it 'does not authorize the addition of a party for the first time whom the plaintiff failed to name in the first instance.' (Id. at 598-99.) Here, Plaintiff failed to include the required pleading for Doe defendants and cannot invoke Section 474 to amend his pleading.

Plaintiff's request to add his mother as a party to this case is not permitted under Business & Professions Code § 6125 ('No person shall practice law in California unless the person is an active member of the State Bar'). Despite Plaintiff's role as his mother's agent/attorney-in-fact, he cannot represent her in litigation. (Drake v. Superior Court (1994) 21 Cal.App.4th 1826, 1832 (agent 'may not use the statutory form power of attorney as a device to practice law for his principal'); see also People ex rel. Dept. of Public Works v. Malone (1965) 232 Cal.App.2d 531, 536-37 (holding that a special power of attorney did not authorize family-member agent to act as an attorney in litigation for principal).) Consequently, the Court denies this request.

The minute order is the order of the Court.

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