Reed et al v. Wells Fargo Bank et al

Filing 111

Order by Magistrate Judge Donna M. Ryu granting 109 Motion to Appoint Guardian ad Litem. (dmrlc1, COURT STAFF) (Filed on 3/27/2013)

1 Ralph A. Kerstetter (S.B. #88525)
KERSTETTER LAW GROUP
2 44 Montgomery Street, Suite 3850
San Francisco, CA 94104
3 Phone [phone]
Fax [phone]
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5 Attorney for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WELLS FARGO BANK, a national
banking association; NDEX WEST, LLC; )
a limited liability company; and DOES 1 to )
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Defendants.
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BENJAMIN F. REED, SR., an
10 individual; and IRMA M. REED, an
individual
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Plaintiffs,
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vs.

Case No. C 11-00194 DMR

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Hearing date: TBD

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

Hearing time: TBD
Judge Donna M. Ryu
Courtroom 11

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TO THE COURT AND TO ALL PARTIES OF RECORD IN THIS ACTION:

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1. The undersigned IRMA M. REED, the spouse of plaintiff BENJAMIN F. REED,

19 SR., hereby applies to the Court to be appointed his guardian ad litem in this action.
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2. BENJAMIN F. REED, SR., is an incompetent person, having suffered a severely
21 debilitating stroke, and is unable to handle his affairs.
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3. This lawsuit is entirely related to a dispute with the named defendants over marital
23 community property owned by Plaintiff BENJAMIN F. REED, SR., and me. Under
24 California law I am the sole competent person with the power to manage and control such
25 community property, and have been prosecuting this lawsuit on behalf of us both. I will
26 continue to do so with the goal of maximizing the benefit to our marital community estate,
27 and to each of us. I am the person who is the primary caretaker of my husband, BENJAMIN
KERSTETTER LAW GROUP
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44 Montgomery Street, Suite
3850
San Francisco, CA 94104
Phone [phone]

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

1 M. REED, SR., and am acting to preserve our family home where he resides.
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4. I am fully competent and qualified to understand and protect the rights of my

3 husband, BENJAMIN F. REED, SR., and because the action relates solely to marital
4 community assets over which I have sole legal control and authority, and my intent and
5 desire to prosecute this action for the maximum benefit of the marital community estate, and
6 to provide a stable home to my husband, I have no adverse interests to my husband.
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5. I consent to my appointment as the guardian ad litem of plaintiff BENJAMIN F.

8 REED, SR. in this action.
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I declare under penalty of perjury under the laws of the State of California that the

10 foregoing is true and correct.
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Executed this 6th day of March 2013 at San Francisco, California.

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/s/ Irma M. Reed

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Irma M. Reed

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Respectfully submitted,

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18 DATED: March 6, 2013 /s/ Ralph A. Kerstetter
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Ralph A. Kerstetter
KERSTETTER LAW GROUP
counsel for Plaintiffs
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KERSTETTER LAW GROUP
44 Montgomery Street, Suite
3850
San Francisco, CA 94104
Phone [phone]

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

1
2 ORDER;
3 The Court finds that it is reasonable and necessary to appoint a guardian ad litem for
4 plaintiff BENJAMIN F. REED, SR., in this action, as requested in this application. The
5 Court orders that IRMA M. REED is hereby appointed as the guardian ad litem for
6 plaintiff BENJAMIN F. REED, SR., for this action.

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8 IT IS SO ORDERED.

S

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Magistrate Judge Donna M. Ryu yu
M. R

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KERSTETTER LAW GROUP
44 Montgomery Street, Suite
3850
San Francisco, CA 94104
Phone [phone]

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onna

Judge D

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NO

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10 March___, 2013

D
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APPLICATION [AND PROPOSED ORDER] FOR
APPOINTMENT OF GUARDIAN AD LITEM

F
D IS T IC T O
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