Pruitt et al v. County of Sacramento et al

Filing 85

ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM signed by Judge William B. Shubb on 08/23/11 APPOINTING John Pruitt as guardian ad litem for petitioner Phillip Pruitt. (Benson, A.)

1 SANFORD JAY ROSEN – 62566
ERNEST GALVAN – 196065
2 LISA ELLS – 243657
3 ROSEN, BIEN & GALVAN, LLP
315 Montgomery Street, 10th Floor
4 San Francisco, California 94104-1823
5 Telephone: [phone]
Facsimile: [phone]
6
GERI LYNN GREEN – 127709
7 LAW OFFICES OF GERI LYNN GREEN, LC
155 Montgomery Street, Suite 901
8
San Francisco, California 94104-4166
9 Telephone: [phone]
Facsimile: [phone]
10
Attorneys for Plaintiffs
11
12

IN THE UNITED STATES DISTRICT COURT

13

FOR THE EASTERN DISTRICT OF CALIFORNIA

14 JOHN PRUITT; JOHN PRUITT, JR., a minor, by
and through his Guardian Ad Litem, his custodial
15 parent John Pruitt; PHILLIP PRUITT, a minor, by
16 and through his Guardian Ad Litem, his custodial
parent John Pruitt; MICHAEL PRUITT, a minor, by
17 and through his Guardian Ad Litem, his custodial
18 parent John Pruitt; ISAIAH PRUITT, a minor, by and
through his Guardian Ad Litem, his custodial parent
19 John Pruitt; DARRYL BERG; and DEBRA BERG,

PETITION AND [PROPOSED]
ORDER FOR APPOINTMENT OF
GUARDIAN AD LITEM

Plaintiffs,

20
21

Case No. 10-CV-00416-WBS-KJN

v.

22 COUNTY OF SACRAMENTO; Sacramento County
Sheriff’s Department Sheriff JOHN MCGINNESS;
23 Sergeant SANTOS RAMOS; Detective SEAN
24 BERRY; Detective BRAD ROSE; Detective
RANDY MOYA; Detective JACQUELINE KLOSS;
25 Detective KEVIN STEED; Detective STEVE
WHARTON; Probation Officer TIMOTHY RUIZ;
26
Deputy THOMAS LYNN; Deputy CRAIG
27 HARMON; and DOES 1-100, inclusive,
28

Defendants.
PETITION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
CASE NO. 10-CV-00416-WBS-KJN

1

Petitioner, Phillip Pruitt, states as follows:

2

1.

I am a minor of the age of 15 years.

3

2.

I have filed an action in the Court against defendants COUNTY OF

4 SACRAMENTO; Sacramento County Sheriff’s Department Sheriff JOHN McGINNESS;
5 Sergeant SANTOS RAMOS; Detective SEAN BERRY; Detective BRAD ROSE; Detective
6 RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED; Detective
7 STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy THOMAS LYNN; Deputy
8 CRAIG HARMON; and DOES 1-100, for defendants’ and each of their involvement in the
9 deprivation of my liberty interest in the continued companionship and society of my father as
10 guaranteed by the Fourteenth Amendment to the Constitution of the United States.
11

3.

I have no general guardian and no previous petition for appointment of a guardian

12 ad litem has been filed in this matter.
13

4.

John Pruitt, my natural father, whose address is 7405 Greenback Lane #312, Citrus

14 Heights, CA 95610, is a competent and responsible person, and fully competent to act as my
15 guardian ad litem.
16

5.

John Pruitt is willing to act as guardian ad litem for petitioner, as appears by his

17 consent attached hereto.
18

WHEREFORE, petitioner moves this Court for an order appointing JOHN PRUITT as

19 guardian ad litem of petitioner for the purpose of bringing this action against defendants
20 COUNTY OF SACRAMENTO; Sacramento County Sheriff’s Department Sheriff JOHN
21 McGINNESS; Sergeant SANTOS RAMOS; Detective SEAN BERRY; Detective BRAD ROSE;
22 Detective RANDY MOYA; Detective JACQUELINE KLOSS; Detective KEVIN STEED;
23 Detective STEVE WHARTON; Probation Officer TIMOTHY RUIZ; Deputy THOMAS LYNN;
24 Deputy CRAIG HARMON; and DOES 1-100, on the claim hereinabove stated.
25 ///
26 ///
27 ///
28 ///
1
PETITION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
CASE NO. 10-CV-00416-WBS-KJN

1

I, Phillip Pruitt, verify that I have read the foregoing petition and know the contents

2 thereof, and state that the statements therein are true and correct of my own personal knowledge.
3 This declaration was made this 15th day of May, 2010, at Loomis, California.
4
5

/s/ Phillip Pruitt
PHILLIP PRUITT

6

CONSENT OF NOMINEE

7
8

I, John Pruitt, the nominee of the Petitioner, consent to act as guardian ad litem for the

9 minor petitioner in the above action.
10
11 Dated: May 15, 2010

/s/ John Pruitt
JOHN PRUITT

12
13
14 Dated: May 26, 2010

Respectfully submitted,

15

ROSEN, BIEN & GALVAN, LLP

16
By: /s/ Ernest Galvan
Ernest Galvan
Attorneys for Plaintiffs

17
18
19

ORDER

20
21

The petition for an order appointing John Pruitt as guardian ad litem for petitioner Phillip

22 Pruitt is GRANTED
23

IT IS SO ORDERED.

24

Dated: August 23, 2011

25
26
27
28
2
PETITION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
CASE NO. 10-CV-00416-WBS-KJN