Filed: Nov. 19, 2018
Latest Update: Nov. 19, 2018
Summary: PETITION CINDY ALEJANDRIZ' NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM; DECLARATION OF CINDY ALEJANDRIZ; CONSENT OF NOMINEE TO ACT AS GUARDIAN AD LITEM; ORDER TROY L. NUNLEY , District Judge . Petitioner CINDY ALEJANDRIZ in support of her motion for the appointment of the Guardian ad Litem of C.H., states as follows: 1. CINDY ALEJANDRIZ is the maternal aunt to C.H., who resides at [REDACTED\], is a competent and responsible person, who is fully competent and capable to
Summary: PETITION CINDY ALEJANDRIZ' NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM; DECLARATION OF CINDY ALEJANDRIZ; CONSENT OF NOMINEE TO ACT AS GUARDIAN AD LITEM; ORDER TROY L. NUNLEY , District Judge . Petitioner CINDY ALEJANDRIZ in support of her motion for the appointment of the Guardian ad Litem of C.H., states as follows: 1. CINDY ALEJANDRIZ is the maternal aunt to C.H., who resides at [REDACTED\], is a competent and responsible person, who is fully competent and capable to ..
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PETITION CINDY ALEJANDRIZ' NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM; DECLARATION OF CINDY ALEJANDRIZ; CONSENT OF NOMINEE TO ACT AS GUARDIAN AD LITEM; ORDER
TROY L. NUNLEY, District Judge.
Petitioner CINDY ALEJANDRIZ in support of her motion for the appointment of the Guardian ad Litem of C.H., states as follows:
1. CINDY ALEJANDRIZ is the maternal aunt to C.H., who resides at [REDACTED\], is a competent and responsible person, who is fully competent and capable to act as C.H.'s guardian ad litem.
2. Plaintiff, minor C.H., date of birth [REDACTED\], is presently [REDACTED\] years of age.
3. Pursuant to Federal Rule of Civil Procedure 17 (C) (2); "the court must appoint a guardian ad litem-or issue another appropriate order-to protect a minor or incompetent person who is unrepresented in action."
4. Minor C.H. and his father JUAN HURTADO has a cause of action against the above-named defendants on which a suit has been brought in this court for medical negligence resulting in the wrongful death of KRISTY HURTADO.
5. The cause of action arises out of the wrongful death of C.H.'S motion KRISTY HURTADO.
6. KRISTY HURTADO passed away on October 5, 2017.
7. There has never been a prior motion for appointment of a guardian ad litem in this matter. There is no guardian appointed at this time.
8. Petitioner seeks an order appointing her as the guardian ad litem for C.H. to prosecute the above-described cause of action.
WHEREFORE, Petitioner moves this court for an order appointing her, CINDY ALEJANDRIZ, as guardian ad litem of minor C.H. for the purpose of prosecuting the above-described wrongful death action against UNITED STATES OF AMERICA, on the claim herein stated.
DECLARATION OF CINDY ALEJANDRIZ
I, CINDY ALEJANDRIZ, am the petitioner in the above-entitled proceedings. I have read the foregoing and know of the contents thereof. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct.
CONSENT OF NOMINEE TO ACT AS GUARDIAN AD LITEM
I, CINDY ALEJANDRIZ, consent to act as guardian ad litem for the minor petitioner, C.H. in the above entitled action.
ORDER
The Courts finds that it is reasonable and necessary to appoint a guardian ad litem for C.H., as requested.
The Court Orders that CINDY ALEJANDRIZ is hereby appointed as the guardian ad litem for C.H. for the reasons set forth above.
