Free Motion to Appoint Guardian/Attorney ad Litem - District Court of California - California

Case 3:08-cv-00891-JAH-POR

Document 16

Filed 07/28/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

EUGENE G. IREDALE, ESQ. (SBN 75292) JULIA YOO, ESQ. (SBN 231163) 105 West F Street, Fourth Floor San Diego, CA 92101-6036 TEL: (619) 233-1525 FAX: (619) 233-3221 Attorneys for plaintiff JOHNNY SILVA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) ) ) Plaintiff, ) ) v. ) ) FRANKLIN WHITE, an individual, ) WILLIAM LANDSDOWNE, an individual, ) SAN DIEGO POLICE DEPARTMENT, ) CITY OF SAN DIEGO, and DOES 1 - 20, ) Defendant. ) ___________________________________ )

JOHNNY SILVA, an individual and minor, by and through his guardian ad litem, Luis SILVA,

Case No. 08-cv-00891-JAH-POR PETITION FOR AN ORDER APPOINTING LUIS SILVA AS GUARDIAN AD LITEM FOR THE MINOR JOHNNY SILVA

COMES NOW, JOHNNY SILVA, an individual and minor, through his attorney of record, Eugene G. Iredale, and respectfully submits this Petition for Appointment of Luis SILVA as Guardian ad litem for Plaintiff JOHNNY SILVA. Petitioner states as follows: 1. I am counsel for JOHNNY SILVA in the above captioned action. JOHNNY SILVA is a minor under the age of fourteen (14). 2. JOHNNY SILVA resides with his legal guardian and biological father, Luis SILVA. However, he has no guardian ad litem in this action. 3. The proposed guardian, Luis SILVA, is not a stranger to the minor, has more than an "ideological interest" in the action and shall be an appropriate alter ego for the minor JOHNNY

1

Case 3:08-cv-00891-JAH-POR

Document 16

Filed 07/28/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SILVA's interests in this lawsuit. T.W. v. Brophy, 124, F.3d 893, 896 (7th Cir. 1997); Ford v. Haley, 195 F.3d 603, 624 (11th Cir. 1999). 4. The proposed guardian, Luis SILVA, is not a party to this action and therefore can represent the interests of said minor without consideration to herself as a party to the action. 5. Luis SILVA is ready and willing to act as guardian ad litem for JOHNNY SILVA in this matter. WHEREFORE, Petitioner moves the court for an order appointing Luis SILVA as guardian ad litem for JOHNNY SILVA for the purpose of this action against the defendants on the claims stated in plaintiff's complaint. DATED: July 28, 2008 LAW OFFICES OF EUGENE G. IREDALE

/s/ Eugene Iredale EUGENE G. IREDALE Attorney for plaintiff JOHNNY SILVA

2

Case 3:08-cv-00891-JAH-POR

Document 16-2

Filed 07/28/2008

Page 1 of 1