M.C.F. et al v. City of Stockton et al

Filing 23

ORDER signed by District Judge Kimberly J. Mueller on 2/28/2018 GRANTING M.C.F.'s 21 Motion to Appoint Guardian ad Litem. (Zignago, K.)

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JOHN L. BURRIS, ESQ., SBN 69888
LATEEF H. GRAY, ESQ., SBN 250055
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
M.C.F. and K.S.F., by and through their Guardian Ad Litem
ELIZABETH CASAS BAUTISTA and THE ESTATE OF
COLBY FRIDAY by and through its personal representative
DENISE HALL

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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M.C.F. by and through his Guardian Ad Litem
ELIZABETH CASAS BAUTISTA, individually
and as successor-in-interest to Decedent COLBY
FRIDAY; K.S.F., by and through her Guardian
Ad Litem ELIZABETH CASAS BAUTISTA,
individually and as successor-in-interest to
Decedent COLBY FRIDAY; THE ESTATE OF
COLBY FRIDAY, by and through its personal
representative DENISE FRIDAY HALL,

CASE NO.: 2:17-cv-02038-MCE-KJN

M.C.F.’s PETITION AND ORDER
FOR APPOINTMENT OF GUARDIAN
AD LITEM

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Plaintiffs,

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vs.

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CITY OF STOCKTON, a municipal corporation;
STOCKTON POLICE DEPARTMENT, a public
entity; POLICE CHIEF ERIC JONES,
individually and in his official capacity as Chief
of the Stockton Police Department; DAVID
WELLS, individually and in his capacity as an
Officer for the Stockton Police Department; and
DOES 1-50, inclusive, individually and in their
official capacities as police officers for the
Stockton Police Department,
PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
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Defendants.

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Petitioner states as follows:

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1.

Petitioner is a 5 year old minor.

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The minor’s father is the decedent in the above-captioned lawsuit.

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There is no general guardian and no previous petition for appointment of a

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guardian ad litem has been filed in this matter.

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4.

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ELIZABETH CASAS BAUTISTA, whose address is 1028 North Commerce #4,
Stockton, CA 95202, is a competent and responsible person, and fully competent

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to act as the guardian ad litem. ELIZABETH CASAS BAUTISTA is the Mother

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of petitioner.
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5.

Said ELIZABETH CASAS BAUTISTA is willing to act as guardian ad litem for
petitioner, as appears by her consent below.

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WHEREFORE, petitioner moves this court for an order appointing ELIZABETH

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CASAS BAUTISTA as guardian ad litem of petitioner for the purpose of the present

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action.

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Dated: 02/27/2018
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By: /s/ Lateef H. Gray
Attorney for Petitioner

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PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
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CONSENT OF NOMINEE

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I, ELIZABETH CASAS BAUTISTA, the nominee of the petitioner, consent to act as guardian
ad litem for the minor petitioner in the above action.

DATED: February 27, 2018
By: /s/ Elizabeth Casas Bautista

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ORDER

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The petition for an order appointing ELIZABETH CASAS BAUTISTA as guardian ad litem for
petitioner is GRANTED.
DATED: February 28, 2018.

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UNITED STATES DISTRICT JUDGE

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PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
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