Raul Huerta v. City and County of San Francisco et al

Filing 7

ORDER by Judge Haywood S. Gilliam, Jr. Granting 6 Motion to Appoint Guardian ad litem ad Litem. (ndrS, COURT STAFF) (Filed on 5/5/2016)

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LAW OFFICE OF IRENE KARBELASHVILI
Irene Karbelashvili, State Bar Number 232223
Irakli Karbelashvili, State Bar Number 302971
12 South First Street, Suite 413
San Jose, CA 95113
Telephone: [phone]
Fax: [phone]

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Attorneys for RAUL HUERTA, Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAUL HUERTA, an incompetent, by and
through his guardian ad litem, MARIA
HUERTA,
Plaintiff,

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vs.
CITY AND COUNTY OF SAN
FRANCISCO; THE ARC SAN
FRANCISCO, INC., a California
corporation, d/b/a The Arc of San
Francisco; and DOES 1-10, inclusive,

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Defendants.

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Case No. 16-cv-01943-HSG
PETITION AND ORDER FOR
APPOINTMENT OF GUARDIAN
AD LITEM

Plaintiff Raul Huerta (“Raul Huerta” or “Petitioner”) respectfully petitions the Court for

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appointment of a guardian ad litem, as follows:

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1.

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impairment.

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2.

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Raul Huerta is a 45 year old severely disabled man with cerebral palsy and cognitive

On March 11, 2016, Raul Huerta commenced an action in San Francisco County Superior

Court against Defendants City and County of San Francisco; The Arc San Francisco, Inc., a
California corporation, d/b/a The Arc of San Francisco, and Does 1-10, inclusive, (“Defendants”)
for disability discrimination and personal injuries under the Americans with Disabilities Act; the
Rehabilitation Act, and related state law causes of action.

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3.

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Court.

On April 13, 2016, Defendant City and County of San Francisco removed the case to this

PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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4.

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a guardian ad litem was filed with the San Francisco County Superior Court (Exhibit “A”). The

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case was removed to this Court prior to the state court having an opportunity to make a decision
on the petition.
5.

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Raul Huerta has no legal guardian or conservator. A previous petition for appointment of

Maria Huerta is Raul Huerta’s sister. Ms. Huerta is a competent and responsible person,

and fully competent to act as Raul Huerta’s guardian ad litem in this matter.
6.

Maria Huerta is willing to act as a guardian ad litem for Petitioner, as appears by her

consent attached hereto.
WHEREFORE, Petitioner moves the Court for an order appointing Maria Huerta as
guardian ad litem of Petitioner for the purpose of bringing the action against Defendants.

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Dated: April 26, 2016

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/s/ Irakli Karbelashvili
Irakli Karbelashvili, Attorney for Plaintiff
RAUL HUERTA

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CONSENT OF NOMINEE
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I, Maria Huerta, the nominee of Petitioner, consent to act as guardian ad litem for the
Petitioner in the above action.
Dated: April 26, 2016

/s/ Maria Huerta

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1, I hereby attest that I, Irakli Karbelashvili, received the
concurrence of Maria Huerta in filing of this document.

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By:

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/s/ Irakli Karbelashvili
IRAKLI KARBELASHVILI

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PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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ORDER

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The petition for an order appointing Maria Huerta as guardian ad litem for Petitioner Raul
Huerta is hereby GRANTED.

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Dated:

May 5, 2016

_______________________
United States District Judge

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PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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