Opinion
Case No. 3:13-cv-01923
05-02-2013
E.J., a minor by and through her guardians ad litem Lisa Houlihan Johnson and Donald Arthur Johnson; LISA HOULIHAN JOHNSON, personally and on behalf of her minor child E.J.; and DONALD ARTHUR JOHNSON, personally and on behalf of his minor child E.J.; Plaintiffs, v. UNITED STATES OF AMERICA, UNITED STATES COAST GUARD; and DOES 1 through 100; Defendants.
Andrew C, Schwartz (State Bar No. 064578) CASPER, MEADOWS, SCHWARTZ & COOK A Professional Corporation California Plaza Attorneys for Plaintiffs
Andrew C, Schwartz (State Bar No. 064578)
CASPER, MEADOWS, SCHWARTZ & COOK
A Professional Corporation
California Plaza
Attorneys for Plaintiffs
PETITION FOR APPOINTMENT OF
GUARDIANS AD LITEM AND
[PROPOSED] ORDER
Petitioners, LISA HOULIHAN JOHNSON and DONALD ARTHUR JOHNSON, allege:
1. E.J. is a minor, born April 5, 2008.
2. E.J. has causes of action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et. seq., (the "Act") against the above-named defendants arising out of the incident that occurred on June 17, 2010 and as alleged in the Complaint that was concurrently filed with the instant petition.
3. E.J. has no general guardian and no previous petitions for appointment of a guardian ad litem have been filed in this matter.
4. Petitioners, whose reside in Moraga, California, are the natural parents of E.J., are competent and responsible persons, and fully competent to act as guardians ad litem.
5. In this action under the Act, each natural parent of E.J. seeks to be appointed a guardian ad litem because each parent pursues rights under California Code of Civil Procedure section 376, which requires the parents of an unmarried legitimate child to act jointly when maintaining an action for injury to the child caused by the wrongful act or neglect of another.
6. Petitioners are willing to act as guardians ad litem for E.J., as appears by the consents attached hereto.
WHEREFORE, petitioners move the court for an order appointing LISA HOULIHAN JOHNSON and DONALD ARTHUR JOHNSON, as guardians ad litem for E.J. for the purpose of bringing action against the above-named defendants on the causes of action hereinabove stated.
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LISA HOULIHAN JOHNSON
_________________
DONALD ARTHUR JOHNSON
ORDER
The petition for an order appointing LISA HOULIHAN JOHNSON and DONALD ARTHUR JOHNSON as guardians ad litem is GRANTED.
IT IS SO ORDERED.
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Judge Nathanael M. Cousins