Application and Order Appoint Guardian ad Litem

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

, DDCUS[gfs Envelope ID: 1719A7EO-9250-48B2-A68C-~0190D . E3FO ATTORNEY (Name, State Bar number, and address) Jeff Brandon Atterbury (SBN 229462) Habbas, Nasseri & Associates 675 North First Street, Suite 1000 San Jose, CA 95112 TELEPHONE Noc {408) 278-0480 E-MAIL ADDRESS (Opthnal): ATTDRNEY FoR (Name): Plaintiffs, DANIEL & CONNOR WHITSON FAX NO, (Optional): (669) 223 0406 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss: 191 North First Street MAILING ADDREss: 191 North First Street clTYANDzIPcoDE:San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: DANIEL WHITSON AND CONNOR WHITSON, A MINOR, BY HIS GUARDIAN AD LITEM ANDREA WHITSON DEFENDANT/REsPQNDENT:LETICIA MORENO, and DOES 1 to 20 FOR COURT USE ONL Y CIV-010 APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL Ex PARTE CASE NUMBER: NOTE: This form is for use in civil proceedingsin which a partyis 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 j uvenite proceeding should use form FL-935. A party who seeks the appointment ofa guardian ad iitem in a probate proceeding should use form OE-350fGC-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): ANDREA WHITSON a. ~» the parent of (name): CONNOR WHiTSQN b. ~ the guardian of (name): c. ~ the conservator of (name): d. ~ a party to the suit. e. ~ the minor to be represented (if the minoris 14 years of age or older). f. ~ another interested person (specify capacity): is This application seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number): ANDRFA WHITSON 1472 Bryan Avenue San Jose, CA 95128 c/o {408) 278-0480 The guardian ad litem is to represent the interests of the following person (state name, address, and telephone number): CONNOR WHITSON 1472 Bryan Avenue San Jose, CA 95128 c/o (408) 2?8-0480 The person to be represented is: a. ~» a minor (date of birth): 01/06/2006 b. ~ an incompetent person. c. ~ a person for whom a conservator has been appointed. 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); The minor has a cause of action for personal injuries suffered as the result of a motor vehicle collision. ~ Continued on Attachment 5a. Form Adopted for Mandatory Use Judicial Council of California CIV410 [Rev. January 1, 2008[ ( }"8 ESSential ceb.cern j =.j APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL Whitson v. Moreno, et al Page 1 of 2 Code of Civil Procedure, g 372 elseq. on 9/22/2021 4:04 PM Reviewed By: T. Ngo Case #20CV373923 Envelope: 7320802 Filed September 28, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV373923 By: tngo DocuSigo Envelope ID: 1719A7EO-9250-4882-A680-9019ci . r 3FO PLAINTIFF/PETITIONER: DANIEL WHITSON AND CONNOR WHITSON, A MINOR DEFENDANT/RESPONDENT:LETICIA MORENO, and CASE NUMBER: CIV-010 5. b. ~ 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. ~)c 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): to prosecute the minor's claims. ~ Continued on Attachment 5d. 6. The proposed guardian ad litem's relationship to the person he or she will be representing is: a. ~s related (state relationship): Mother b. ~ not related (specifj~ 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. (lf there are any issues of competency or qualification or any possible adverse interests, describe and explain yyhy the proposed guardian should nevertheless be appointed): ~ Continued on Attachment 7. PE OR PRINT AME} TUR ATTORNEY) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 11/23/2020,I .10:23 AM PST Date: 'ocu igned by: (TYPE OR PRINT NAME) ATURE OF APPLICANT} CONSENT TO ACT AS GUARDIAN AD LITEM I consent to the appointment as guardian ad litem under the above petition. 11/23/2020 I 10:23 AM PST Date: (TYPE OR PRINT NAME) DocuSigned by; 6.M 54vi ( I PROPOSEO GUARDIAN AO LITEM) ORDER ~)c EX PARTE THE COLIRT 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): ANDREA WHITSON is hereby appointed as the guardian ad litem for (name): CONNOR WHITSON for the reasons set forth in item 5 of the application. Date: JUDICIAL OFFICER SIGNATURE FOLLOWS LAST ATTACHMENT Clv-010 (Ray. January 1, 2008] QfP'ssential ceb.corn W Ferfna'PPLICATION AND ORDER FOR APPOINTMENTOF GUARDIAN AD LITEM-CIVIL Wh(tson v, Mpreno Page 2 of 2 27 September 2021 Socrates Peter Manoukian Signed: 9/27/2021 10:29 PM