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Estate of Elkins v. Pelayo, 1:13-CV-1483 AWI SAB. (2019)

Court: District Court, E.D. California Number: infdco20190404850 Visitors: 9
Filed: Apr. 01, 2019
Latest Update: Apr. 01, 2019
Summary: ORDER REGARDING SUBSTITUTION OF VALIECIA PEREZ AS REAL PARTY IN INTEREST ANTHONY W. ISHII , Senior District Judge . On March 12, 2019, the Plaintiff filed a motion to substitute parties. See Doc. No. 168. Minor Valiecia Perez was represented by a guardian ad litem when this case was filed in 2013. However, Valiecia is now over 18 years old and no longer a minor. See id. Therefore, Plaintiffs request that the Court substitute Valiecia herself in place of Valiecia through her guardian ad
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ORDER REGARDING SUBSTITUTION OF VALIECIA PEREZ AS REAL PARTY IN INTEREST

On March 12, 2019, the Plaintiff filed a motion to substitute parties. See Doc. No. 168. Minor Valiecia Perez was represented by a guardian ad litem when this case was filed in 2013. However, Valiecia is now over 18 years old and no longer a minor. See id. Therefore, Plaintiffs request that the Court substitute Valiecia herself in place of Valiecia through her guardian ad litem. See id. On March 29, 2019, Defendant filed a notice of non-opposition to the substitution motion. See Doc. No. 179. Because Valiecia is no longer a minor, and because there is no opposition, the Court will grant Plaintiff's motion to substitute.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to substitute parties (Doc. No. 168) is GRANTED;

2. Plaintiff Valiecia Perez's guardian ad litem, Tina Terrel, is RELIEVED as guardian ad litem for Valiecia Perez;

3. Valiecia Perez is SUBSTITUED as a Plaintiff in the place of Tina Terrel guardian ad litem to Valiecia Perez; and

4. The Clerk shall change the docket to reflect the above substitution.

IT IS SO ORDERED.

Source:  Leagle

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