Application and Order Appoint Guardian ad Litem

Cal. Super. - 6th Dist.November 23, 2020

cIv-o1o ATTORNEY (Name, State Bar number, and address) -LARRY Q. PHAN, ESQ. / SBN: 284561 Dreyer Babich Buccola Wood Campora, LLP 20 Bicentennial Circle Sacramento, CA 95826 TELEPHONENO.. (916) 379-3500 E-MAIL ADDRESS (Optional): ATrORNEYFOR(Narne): Plaintiffs, HONG LE, ET AL. FAX NO. (Optional): ( 91 6) SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITYANDZIPCODE:Safl Jose, CA 95113 BRANCH NAME: Civil-Unlimited 379-3599 PLAINTIFF/PETITIONER: HONG LE, Individually, and as Guardian ad Licem for MARLENE LOPEZ DEFENDANTlRESPONDENT:FpJ.NCIsCo AVILA and DOES 1 through 10, inclusive APPLICATION AND ORDER FOR APPOINTMENT CASE NUMBER: OF GUARDIAN AD LITEM - CIVIL EXPARTE NOTE: This form is for use in civil proceedings in which a party is a minor; an incapacitated person, or a person for whom a conservator has been appointed. A party who seeks the appointment of a guardian ad litem in a family law or juvenile proceeding should use form FL.-935. A party who seeks the appointment of a guardian ad litem in a probate proceeding should use form DE-350/GC-100. An individual cannot act as a guardian ad litem unless he or she is represented by an attorney or is an attorney. Applicant (name): HONG LE is a. the parent of(name): MARLENE LOPEZ b. Li the guardian of (name): c. c::i the conservator of (name): d. a party to the suit. e. Li the minor to be represented (if the minor is 14 years of age or older). f. Li another interested person (specify capacity): 2. This application seeks the appointment of the following person as guardian ad item (state name, address, and telephone number): HONG LE 18711 NEWSOM AVENUE CUPERTINO, CA 95014 (408) 679-1462 3. The guardian ad item is to represent the interests of the following person (state name, address, and telephone number): MARLENE LOPEZ (408) 679-162 18711 NEWSOM AVENUE CUPERTINO, CA 95014 4. The person to be represented is: a. aminor(dateofbirth): July 11, 2012 b. J an incompetent person. c. a person for whom a conservator has been appointed. 5. The court should appoint a guardian ad litem because: a. the person named in item 3 has a cause or causes of action on which suit should be brought (describe): MARLENE LOPEZ has an action against Defendant FRANCISCO AVILA for injuries she sustained in a motor vehicle collision that occurred on March 1, 2019. Li Continued on Attachment 5a. Page 1 of 2 Form Adopted for Mandatory use APPLICATION AND ORDER FOR APPOINTMENT Code of Civil Procedure, t[RJanua8J CB Essential OF GUARDIAN AD LITEM-CIVIL § 37201 seq. cebom JForms FOR COURT USE ONLY on 11/23/2020 10:57 AM Reviewed By: R. Tien Envelope: 5346193 20CV373919 Filed December 9, 2020 County of Santa Clara Superior Court of CA Clerk of the Court 20CV373919 By: tngo , dy-do PLAINTIFF/PETITIONER: HONG LE, Individually, and as Guardian ad Litem CASENUMBER DEFENDANT/RESPONDENT:FrNcIsco AVILA and DOES 1 through 10, inclusive 5. b. j more than 10 days have elapsed since the summons in the above-entitled matter was served on the person named in item 3, and no application for the appointment of a guardian ad litem has been made by the person identified in item 3 or any other person. c. J the person named in item 3 has no guardian or conservator of his or her estate. d. the appointment of a guardian ad litem is necessary for the following reasons (specify): This appointment is necessary in order to prosecute this action on her daughter’ s behalf. J Continued on Attachment 5d. 6. The proposed guardian ad litem’s relationship to the person he or she will be representing is: a. related(staterelationship): Mother b. J not related (specify capacity): 7. The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person he or she will represent and has no interests adverse to the interests of that person. (If there are any issues of competency or qualification or any possible adverse interests, describe and explain why the proposed guardian should nevertheless be appointed): Li Continued on Attachment 7. SIGNATUREOFATTORNEY) I declare under penalty of perjury under the laws of the State of California that the foregoing true and correct. Date:fgVJV,( ‘, 2020 LARRY 0. PHAN EPO (PE OR PRINT NAME) HONG TE )Th’PE OR PRINT NAME) )P14 /(- )SIGNA1iiREos.Apte,Trr CONSENT TO ACT AS GUARDIAN AD LITEM I consent to the appointment as guardian ad litem under the above petition. Date: 1fl2tf( 22.,, 2020 H ONG IF (TYPE OR PRINT NAME) . (SIGNATURE OF PR SEu,ReI1Ao LITEM) ORDER EXPARTE THE COURT FINDS that it is reasonable and necessary to appoint a guardian ad litem for the person named in item 3 of the application, as requested. THE COURT ORDERS that (name): HONG LE is hereby appointed as the guardian ad litem for (name): MARLENE LOPEZ for the reasons set forth in item 5 of the application. Date: JUDICIAL OFFICER J SIGNATURE FOLLOWS LAST ATTACHMENT CIV-010 [Rev. January 1.2008] Essential ceb.com 1Forms APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL Page 2 of 2 Signed: 12/9/2020 10:41 AM Thang N. Barrett