M.M. v. County of Kern et al

Filing 47

ORDER GRANTING 46 Petition Terminating David Evankovich as Guardian ad Litem for Plaintiff M.M., signed by Magistrate Judge Jennifer L. Thurston on 2/8/2018. (Hall, S)

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Daniel Rodriguez, Esq., SBN 096625
Joel T. Andreesen, Esq., SBN 152254
Joseph Whittington, Esq., SBN 295516
RODRIGUEZ & ASSOCIATES
A Professional Law Corporation
2020 Eye Street
Bakersfield, CA 93301
Phone: [phone] Fax: [phone]

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Attorneys for Plaintiff M.M., a minor,
though her guardian, David Evankovich

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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)
M.M., a minor, by and through her guardian )
DAVID EVANKOVICH,
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Plaintiff,
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vs.
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COUNTY OF KERN; KERN COUNTY
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SHERIFF’S DEPARTMENT; SCOTT
)
WALL; DANIEL WILLIS; DENNIS
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COFFEE; and DOES 1 through 100,
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Inclusive,
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Defendants.
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Case No.: 1:16-cv-00376-JLT
PETITION FOR ORDER
TERMINATING DAVID
EVANKOVICH AS GUARDIAN AD
LITEM FOR PLAINTIFF M.M.;
[PROPOSED] ORDER
(Doc. 46)

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1.

Petitioner is: Plaintiff M.M., the Plaintiff in the above titled action.

2.

Plaintiff, M.M. was born on March 21, 1999.

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Petition for Order Terminating Guardian Ad Litem; Memorandum; [Proposed] Order
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3.
Petitioner’s current Guardian ad Litem, DAVID EVANKOVICH, was
appointed as Guardian ad Litem for Plaintiff M.M. by Order of this Court dated March 28,
2016.

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4.
At the time the Complaint was filed in this action, Plaintiff M.M. was a minor.
Thus, it was necessary to have a Guardian ad Litem appointed in order to initiate the
lawsuit and protect her rights and interests in this matter.

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5.
Plaintiff M.M. is no longer a minor. Plaintiff M.M. is now a competent adult,
is able to manage her own affairs, understands and appreciates the rights, duties,
responsibilities, and probable consequences that accompany her decisions, and therefore,
no longer requires a Guardian ad Litem to protect her rights and interests in this matter.

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6.
THEREFORE: Petitioner, M.M. a Plaintiff herein, request that the Court
discharge DAVID EVANKOVICH as Guardian ad Litem for Plaintiff M.M. from any and
all obligations and responsibilities for the progress and prosecution of this action and
terminate the duty and authority of such guardian ad litem to represent petitioner in this
action.

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

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Dated: February 6, 2018

RODRIGUEZ & ASSOCIATES

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By:_JOSEPH WHITTINGTON_/S/_______
JOSEPH WHITTINGTON
Attorneys for Plaintiff

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Petition for Order Terminating Guardian Ad Litem; Memorandum; [Proposed] Order
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[PROPOSED] ORDER

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1. Having considered the verified petition of M.M. in this action for an order

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terminating the appointment of DAVID EVANKOVICH as guardian ad litem in this

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action, and as it appears that M.M. petitioner, is now 18 years of age, and good cause

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appearing:

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IT IS SO ORDERED that DAVID EVANKOVICH is discharged from any further duty,
liability and/or responsibility or obligations as guardian ad litem for plaintiff in this action,
and that such duty and authority of such guardian ad litem is hereby terminated

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IT IS SO ORDERED.
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Dated:

February 8, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Petition for Order Terminating Guardian Ad Litem; Memorandum; [Proposed] Order
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