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General lawsuit question
How about:
[Parents], as guardians of the minor child [initials of minor],
versus
[Defendant]
On Mar 28, 2017 4:47 PM, "Link Schrader lschrader@schrader-law.com
[cdcbaa]" wrote:
In federal court you would likely want to find an adult who would be the
Minor's "Next Friend":
3) [2:580.4] Next friend standing: [See *Miller ex rel. Jones v. Stewart*,
231 F3d 1248, 1251 (9th Cir. 2000)
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In federal court you would likely want to find an adult who would be the
Minor's "Next Friend":
3) [2:580.4] Next friend standing: [See *Miller ex rel. Jones v. Stewart*,
231 F3d 1248, 1251 (9th Cir. 2000)
The post was migrated from Yahoo.
Hello everyone,
My question is regarding filing a lawsuit on behalf of a minor. I have the
following two statutes I am trying to reconcile:
CCP 372(a)(1) says "When a minor ... is a party, that person shall appear
either by a guardian or ... by a guardian ad litem appointed by the court
in which the action or proceeding is pending,..."
CCP 376(a) says "The parents of a legitimate unmarried minor child, acting
jointly, may maintain an action for injury to the child caused by the
wrongful act or neglect of another...."
If I am filing a lawsuit on behalf of a minor, I have the option, under
372, to request an appointment of a GAL and move forward with the lawsuit.
If I do not want to go through the effort of obtaining a court order for
the GAL, can I proceed under 376? My problem is I have about 200 minors and
it will be very burdensome to go through the GAL process. Particularly more
so because of the rule with 14-year-olds. Any input is appreciated.
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Hello everyone,My question is regarding filing a lawsuit on behalf of a minor. I have the following two statutes I am trying to reconcile:CCP 372(a)(1) says "When a minor ... is a party, that person shall appear either by a guardian or ... by a guardian ad litem appointed by the court in which the action or proceeding is pending,..."CCP 376(a) says "The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act or neglect of another...."If I am filing a lawsuit on behalf of a minor, I have the option, under 372, to request anappointment of a GAL and move forward with the lawsuit. If I do not want to go through the effort of obtaining a court order for the GAL, can I proceed under 376? My problem is I have about 200 minors and it will be very burdensome to go through the GAL process. Particularly more so because of the rule with 14-year-olds. Any input is appreciated. class"gmail_signature">
The post was migrated from Yahoo.