Judge: Michael E. Whitaker, Case: 20STCV34789, Date: 2022-12-16 Tentative Ruling

Case Number: 20STCV34789    Hearing Date: December 16, 2022    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 (which is highly encouraged).  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

MOTION

            Plaintiff Natalie Illouz, by and through her attorneys of record (Plaintiff), moves for the Court to replace Plaintiff’s Guardian Ad Litem, Eva Illouz, with Erez Illouz due to Eva Illouz becoming terminally ill.

ANALYSIS

Code of Civil Procedure section 372, subdivision (a)(1) states the following, in relevant part: “[w]hen a minor . . . is a party, that person shall appear either by a guardian . . . or by a guardian ad litem appointed by the court in which the action or proceeding is pending . . . A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to appoint a guardian ad litem to represent the minor . . . notwithstanding that the person may have a guardian . . . and may have appeared by the guardian . . . .”

“When there is a potential conflict between a perceived parental responsibility and an obligation to assist the court in achieving a just and speedy determination of the action, a court has the right to select a guardian ad litem who is not a parent if that guardian would best protect the child’s interests.”  (Williams v. Superior Court (2007) 147 Cal.App.4th 36, 49, citation & quotation omitted.) 

The current Guardian Ad Litem, Eva Illouz (Eva), is Plaintiff’s mother.  (Declaration of Eva Illouz, ¶¶  1, 2.)  Eva was recently diagnosed with stage four lung cancer.  (Declaration of Eva Illouz, ¶ 6.). Eva feels incapable of properly fulfilling the role as Plaintiff’s Guardian Ad Litem and believes that her son, Erez Illouz, would best serve as Plaintiff’s Guardian Ad Litem in this case.  (Declaration of Eva Illouz, ¶¶ 8, 9.)

Erez Illouz (Erez) is Plaintiff’s brother and is active in the day-to day care of Plaintiff, visiting her every day and helping however he can.  (Declaration of Eva Illouz, ¶ 11; Declaration of Erez Illouz, ¶ 7.)  Erez has consented to serve as Plaintiff’s guardian ad litem.  (Declaration of Eva Illouz, ¶ 12; Declaration of Erez Illouz, ¶ 11.)

CONCLUSION 

The Court finds Erez Illouz is a suitable substitute Guardian Ad Litem for Plaintiff. 

Therefore, the Court grants Plaintiff’s motion to substitute Plaintiff’s current Guardian Ad Litem with Erez Illouz.

Plaintiff shall provide notice of the Court’s ruling and file a proof of service regarding the same.