Allison v. Lawrence et al

Filing 68

ORDER RE ORDER OF MOTIONS. Motion Hearing set for 12/18/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 11/9/15. (jjoS, COURT STAFF) (Filed on 11/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHELLEY ALLISON,

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Plaintiff,

No. C 14-04813 JSW

v.
JUDITH LAWRENCE, ET AL.,

ORDER RE ORDER OF MOTIONS

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Defendants.
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___________________________________/

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Plaintiff has noticed a motion for appointment of Connie Valentine as guardian ad litem for

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the two minor children in this matter and set the hearing on that motion for December 4, 2015. The

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motion to dismiss the second amended complaint pursuant to Federal Rule of Civil Procedure

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12(b)(1) and 12(b)(6) filed by Defendants Xavier Shabazz, Emily Amott, Donald Patchin, and

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Contra Costa County (“County Defendants”) and the motion to dismiss filed by Judicial Council,

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Contra Costa Superior Court, and the State of California (“State Defendants”) are both set for

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hearing on November 13, 2015.

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As the Court has previously held, absent a legal guardian, the two minor children lack

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capacity to sue. If no guardian ad litem is appointed, the claims on their behalf must be dismissed.

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See Cal. Code Civ. Proc. § 373(a). Because the Court finds that the threshold issue of proceeding as

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minors must be addressed prior to resolving the pending motions to dismiss, the Court HEREBY

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CONTINUES the hearing on the motion for appointment of guardian ad litem and the two pending

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motions to dismiss to an open date on the Court’s calendar, on December 18, 2015 at 9:00 a.m. The

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briefing schedule on the appointment of guardian motion does not change.

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IT IS SO ORDERED.
Dated: November 9, 2015

_________________________
JEFFREY S. WHITE
United States District Judge

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