(PC) Dubrin et al v. Bonilla

Filing 125

ORDER Granting #107 Motion to Intervene or Substitute Party by Plaintiff Zavala, signed by Magistrate Judge Jennifer L. Thurston on 4/28/16. Zavala terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DUBRIN, et al.,

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Case No. 1:11-cv-01484-DAD-JLT (PC)
Plaintiffs,

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v.

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STAINER, et al.,

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ORDER GRANTING MOTION TO
INTERVENE OR SUBSTITUTE PARTY
BY PLAINTIFF ZAVALA
(Doc. 107)

Defendants.

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On March 7, 2016, Plaintiffs filed a motion to substitute Prissilla Anamarie Sanchez, by

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and through her guardian ad litem (“GAL”), in place an instead of her deceased father, Juan

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Zavala (aka Juan Zabala on the death certificate), as a Plaintiff in this action. (Doc. 107.)

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Defendants filed a statement of non-opposition on the condition she complied with California

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Code of Civil Procedure § 377.72. (Doc. 116.) She has done so (Doc. 123).

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The GAL’s declaration meets the requirements of section 377.32 in as much as it indicates

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the decedent’s name, when and where he died, that there is no current proceeding in California

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for administration of his estate, that Miss Sanchez is the decedent’s only successor, and attached

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both a copy of Mr. Zavala’s death certificate as well as Miss Sanchez’s certificate of birth. (Doc.

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123.) Accordingly, the Court ORDERS:

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1.

Plaintiff’s motion to substitute successor, filed on March 7, 2016 (Doc. 107) is

GRANTED;
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2.

Prissilla Anamaries Sanchez, via her mother and guardian ad litem Jessica Lynne

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Bergren, is substituted in place of Plaintiff Juan Zavala (aka Juan Zabala) as a plaintiff in this

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action;

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3.

The Clerk of the Court is directed that “Plaintiff Zavala” be terminated from the

docket of this case.1

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IT IS SO ORDERED.
Dated:

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April 28, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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The Court has already placed the child, through her guardian ad litem, on the docket.

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