Judge: Michael Shultz, Case: 20CMCV00231, Date: 2024-02-08 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
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Case Number: 20CMCV00231 Hearing Date: February 8, 2024 Dept: A
20CMCV00231 Robert Duperron, Successor Trustee
of Duperron Family Trust, v. Steven Duperron
[TENTATIVE] ORDER
I.
BACKGROUND
The
first amended complaint alleges that the parties are brothers who are
beneficiaries of the 2011 Duperron Family Trust (“Trust”), which owns real
property in Carson. As Trustee, Plaintiff was directed to sell the real
property and divide the proceeds. Plaintiff discovered that Defendant
unlawfully entered the residence without permission. Plaintiff alleges claims
for declaratory relief, trespass, and injunctive relief.
On
November 3, 2021, the Court appointed Denise Duperron as Guardian ad Litem (“Guardian”)
for her father, Defendant.
The guardian
seeks to resign from her appointment as Guardian as she can no longer represent
Defendant’s interest given the conflicting interests with the Guardian’s
siblings with respect to resolution of the litigation. The Guardian has lost
contact with Defendant and is unable to contact him. The Guardian is also
concerned about her own physical safety, which creates a conflict of interest hindering
her ability to further serve in the Defendant’s interests.
A
guardian ad litem’s role is to represent the interest of the person who lacks
capacity to represent himself, control the litigation, settle the action, and
otherwise act in the person’s best interest. (A.F.
v. Jeffrey F. (2022) 79 Cal.App.5th 737, 747. Here the guardian is no
longer able to fulfill that role. Any actual or potential conflicts of interest
must be disclosed to the court. (Code
Civ. Proc., § 372 subd. (e).
The
Guardian has established a conflict of interest and an ability to fulfill her
obligations as Guardian ad Litem, given her inability to contact Defendant
within the last two years. (Denise Duperron Decl., ¶ 7.P The direction of the litigation is also an
issue of conflict between the Guardian and her siblings. (Id.),
¶ 10.
Based
on the foregoing, the motion is GRANTED. The Court permits the movant’s
resignation as Guardian ad Litem.