Of the Parties to Civil ActionsDisability of Party

Section § 372

Explanation

When someone who can't legally make decisions, like a minor or a person with a conservator, is involved in a court case, they need to have someone represent them, like a guardian or a guardian ad litem. A guardian ad litem is appointed specifically to represent their interests when it's deemed necessary. If there's already a guardian, a guardian ad litem can only be appointed after notifying the existing guardian and showing why they're needed. They have the power to agree to settlements and satisfy judgments with court approval. Minors over 12 can request or oppose certain orders without a guardian, like restraining orders, if it doesn’t delay the proceedings. However, the court might appoint a guardian if it's in the minor’s best interest. Minor parents can also attend court without a guardian in specific situations, like family and dependency proceedings. Before appointing a guardian ad litem, any potential conflicts must be disclosed. If any new conflicts arise, they must be reported to the court immediately.

(a)Copy CA Civil Procedure Code § 372(a)
(1)Copy CA Civil Procedure Code § 372(a)(1) When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.
(2)Copy CA Civil Procedure Code § 372(a)(2)
(A)Copy CA Civil Procedure Code § 372(a)(2)(A) A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to appoint a guardian ad litem to represent the minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed, notwithstanding that the person may have a guardian or conservator of the estate and may have appeared by the guardian or conservator of the estate.
(B)CA Civil Procedure Code § 372(a)(2)(A)(B) If application is made for appointment of a guardian ad litem for a person described in paragraph (1), and that person has a guardian or conservator of the estate, the application may be granted only if all of the following occur:
(i)CA Civil Procedure Code § 372(a)(2)(A)(B)(i) The applicant gives notice and a copy of the application to the guardian or conservator of the estate upon filing the application.
(ii)CA Civil Procedure Code § 372(a)(2)(A)(B)(ii) The application discloses the existence of a guardian or conservator of the estate.
(iii)CA Civil Procedure Code § 372(a)(2)(A)(B)(iii) The application sets forth the reasons why the guardian or conservator of the estate is inadequate to represent the interests of the proposed ward in the action.
(C)CA Civil Procedure Code § 372(a)(2)(A)(C) The guardian or conservator of the estate shall have five court days from receiving notice of the application to file any opposition to the application.
(3)CA Civil Procedure Code § 372(a)(3) The guardian or conservator of the estate or guardian ad litem so appearing for any minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise. Money or other property to be paid or delivered pursuant to the order or judgment for the benefit of a minor, person lacking legal capacity to make decisions, or person for whom a conservator has been appointed shall be paid and delivered as provided in Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code.
(4)CA Civil Procedure Code § 372(a)(4) Where reference is made in this chapter to “a person who lacks legal capacity to make decisions,” the reference shall be deemed to include all of the following:
(A)CA Civil Procedure Code § 372(a)(4)(A) A person who lacks capacity to understand the nature or consequences of the action or proceeding.
(B)CA Civil Procedure Code § 372(a)(4)(B) A person who lacks capacity to assist the person’s attorney in the preparation of the case.
(C)CA Civil Procedure Code § 372(a)(4)(C) A person for whom a conservator may be appointed pursuant to Section 1801 of the Probate Code.
(5)CA Civil Procedure Code § 372(a)(5) Nothing in this section, or in any other provision of this code, the Civil Code, the Family Code, or the Probate Code is intended by the Legislature to prohibit a minor from exercising an intelligent and knowing waiver of the minor’s constitutional rights in a proceeding under the Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code).
(b)Copy CA Civil Procedure Code § 372(b)
(1)Copy CA Civil Procedure Code § 372(b)(1) Notwithstanding subdivision (a), a minor 12 years of age or older may appear in court without a guardian, counsel, or guardian ad litem, for the purpose of requesting or opposing a request for any of the following:
(A)CA Civil Procedure Code § 372(b)(1)(A) An injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6.
(B)CA Civil Procedure Code § 372(b)(1)(B) An injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8.
(C)CA Civil Procedure Code § 372(b)(1)(C) A protective order pursuant to Division 10 (commencing with Section 6200) of the Family Code.
(D)CA Civil Procedure Code § 372(b)(1)(D) A protective order pursuant to Sections 7710 and 7720 of the Family Code.
The court may, either upon motion or in its own discretion, and after considering reasonable objections by the minor to the appointment of specific individuals, appoint a guardian ad litem to assist the minor in obtaining or opposing the order, provided that the appointment of the guardian ad litem does not delay the issuance or denial of the order being sought. In making the determination concerning the appointment of a particular guardian ad litem, the court shall consider whether the minor and the guardian have divergent interests.
(2)CA Civil Procedure Code § 372(2) For purposes of this subdivision only, upon the issuance of an order pursuant to paragraph (1), if the minor initially appeared in court seeking an order without a guardian or guardian ad litem, and if the minor is residing with a parent or guardian, the court shall send a copy of the order to at least one parent or guardian designated by the minor, unless, in the discretion of the court, notification of a parent or guardian would be contrary to the best interest of the minor. The court is not required to send the order to more than one parent or guardian.
(c)Copy CA Civil Procedure Code § 372(c)
(1)Copy CA Civil Procedure Code § 372(c)(1) Notwithstanding subdivision (a), a minor may appear in court without a guardian ad litem in the following proceedings if the minor is a parent of the child who is the subject of the proceedings:
(A)CA Civil Procedure Code § 372(c)(1)(A) Family court proceedings pursuant to Part 3 (commencing with Section 7600) of Division 12 of the Family Code.
(B)CA Civil Procedure Code § 372(c)(1)(B) Dependency proceedings pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
(C)CA Civil Procedure Code § 372(c)(1)(C) Guardianship proceedings for a minor child pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code.
(D)CA Civil Procedure Code § 372(c)(1)(D) Any other proceedings concerning child custody, visitation, or support.
(2)CA Civil Procedure Code § 372(c)(2) If the court finds that the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case, the court shall, upon its own motion or upon a motion by the minor parent or the minor parent’s counsel, appoint a guardian ad litem.
(d)CA Civil Procedure Code § 372(d) Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:
(1)CA Civil Procedure Code § 372(d)(1) Any known actual or potential conflicts of interest that would or might arise from the appointment.
(2)CA Civil Procedure Code § 372(d)(2) Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.
(e)CA Civil Procedure Code § 372(e) If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.
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Section § 372.5

Explanation

This law allows a court to appoint a guardian ad litem, who is someone acting on behalf of another person in a legal case, under a fake name if they have a strong reason to protect their identity. The court must ensure that this doesn't harm the public's access to the case details or the other parties' ability to proceed with the case. Any documents related to the case must keep the guardian's real identity private. Parties involved must make sure the guardian's identity is protected in their documents, and the court can change its decision about allowing the pseudonym if needed. This law also doesn't change the rights of others to be anonymous in court if it's appropriate.

(a)CA Civil Procedure Code § 372.5(a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section.
(b)CA Civil Procedure Code § 372.5(b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litem’s overriding interest in preserving his or her anonymity.
(c)CA Civil Procedure Code § 372.5(c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings:
(1)CA Civil Procedure Code § 372.5(c)(1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym.
(2)CA Civil Procedure Code § 372.5(c)(2) That there is a substantial probability that the applicant’s interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym.
(3)CA Civil Procedure Code § 372.5(c)(3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicant’s interest in preserving anonymity without unduly prejudicing the public’s right of access or the ability of the other parties to prosecute, defend, or resolve the action.
(4)CA Civil Procedure Code § 372.5(c)(4) That there are no less restrictive means of protecting the applicant’s interest in preserving his or her anonymity.
(d)Copy CA Civil Procedure Code § 372.5(d)
(1)Copy CA Civil Procedure Code § 372.5(d)(1) The court may make any further orders necessary to preserve the applicant’s anonymity or to allow the other parties or financial institutions to know the applicant’s identity to the extent necessary to prosecute, defend, or resolve the action.
(2)CA Civil Procedure Code § 372.5(d)(2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action.
(e)Copy CA Civil Procedure Code § 372.5(e)
(1)Copy CA Civil Procedure Code § 372.5(e)(1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action.
(2)CA Civil Procedure Code § 372.5(e)(2) For purposes of this subdivision, “personal identifying information” includes the guardian ad litem’s name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litem’s residence.
(f)CA Civil Procedure Code § 372.5(f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision.
(g)CA Civil Procedure Code § 372.5(g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision.
(h)CA Civil Procedure Code § 372.5(h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances.
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Section § 373

Explanation

This law outlines how a guardian ad litem is appointed in legal cases involving minors or people who can't make legal decisions for themselves. If a minor is a plaintiff, a guardian is appointed before any official paperwork is sent out. If the minor is 14 or older, they can ask for a guardian themselves, but if they're younger, a relative or friend must do it. If the minor is a defendant, they have 10 days after getting the paperwork to ask for a guardian if they're 14 or older. If they don't do it in time, or they're younger, someone else can ask for them, or the court can decide on its own. For those who can't make legal decisions, similar rules apply: relatives, friends, other involved parties, or the court can step in and request a guardian.

When a guardian ad litem is appointed, he or she shall be appointed as follows:
(a)CA Civil Procedure Code § 373(a) If the minor is the plaintiff the appointment must be made before the summons is issued, upon the application of the minor, if the minor is 14 years of age or older, or, if under that age, upon the application of a relative or friend of the minor.
(b)CA Civil Procedure Code § 373(b) If the minor is the defendant, upon the application of the minor, if the minor is 14 years of age or older, and the minor applies within 10 days after the service of the summons, or, if under that age or if the minor neglects to apply, then upon the application of a relative or friend of the minor, or of any other party to the action, or by the court on its own motion.
(c)CA Civil Procedure Code § 373(c) If the person lacking legal competence to make decisions is a party to an action or proceeding, upon the application of a relative or friend of the person lacking legal competence to make decisions, or of any other party to the action or proceeding, or by the court on its own motion.
guardian ad litem minor plaintiff minor defendant ...

Section § 373.5

Explanation

This law allows a court to appoint a guardian ad litem—a person who represents another in a legal matter—for people who have an interest in property but are not currently identified, alive, or known. The guardian ad litem can make decisions, with court approval, such as agreeing to judgments or compromises on behalf of those they represent. Expenses for the guardian ad litem are determined by the court and can be paid from the property or by the person who brought the case.

If under the terms of a written instrument, or otherwise, a person or persons of a designated class who are not ascertained or who are not in being, or a person or persons who are unknown, may be or may become legally or equitably interested in any property, real or personal, the court in which any action, petition or proceeding of any kind relative to or affecting the property is pending, may, upon the representation of any party thereto, or of any person interested, appoint a suitable person to appear and act therein as guardian ad litem of the person or persons not ascertained, not in being, or who are unknown; and the judgment, order or decree in the proceedings, made after the appointment, shall be conclusive upon all persons for whom the guardian ad litem was appointed.
The guardian ad litem shall have power, with the approval of the court in which the action, petition or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the persons for whom the guardian ad litem was appointed, and to satisfy any judgment or order in favor of the persons, or release, or discharge any claim of the persons pursuant to the compromise. The court shall have the same power with respect to the money or other property to be paid or delivered under such order or judgment as is provided in Section 372 of this code.
The reasonable expenses of the guardian ad litem, including compensation and counsel fees, shall be determined by the court and paid as it may order, either out of the property or by plaintiff or petitioner. If the expenses are to be paid by the plaintiff or petitioner, execution therefor may issue in the name of the guardian ad litem.
guardian ad litem property interest unknown persons ...

Section § 374

Explanation

This law allows minors under 12 to appear in court with a guardian, but without a lawyer, to request or oppose protective legal orders against harassment, workplace violence, or personal violence. The court must make sure the guardian and the minor do not have conflicting interests. Standard forms will be used to appoint the guardian.

(a)CA Civil Procedure Code § 374(a) A minor under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for (1) an injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6, (2) an injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8, (3) a protective order pursuant to Division 10 (commencing with Section 6200) of the Family Code, or (4) a protective order pursuant to Sections 7710 and 7720 of the Family Code.
(b)CA Civil Procedure Code § 374(b) In making the determination concerning appointment of a particular guardian ad litem for purposes of this section, the court shall consider whether the minor and the guardian have divergent interests.
(c)CA Civil Procedure Code § 374(c) The Judicial Council shall adopt forms by July 1, 1999, to implement this section. The forms shall be designed to facilitate the appointment of the guardian ad litem for purposes of this section.
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Section § 374.5

Explanation

If a legal case involves a minor seeking or facing certain court orders, it should be handled by the court that usually deals with such matters. However, if the minor has already been recognized by the court as a dependent or a ward under juvenile court, then that court will take care of the case.

A proceeding initiated by or brought against a minor for any of the injunctions or orders described in paragraph (1) of subdivision (b) of Section 372 or subdivision (a) of Section 374 shall be heard in the court assigned to hear those matters; except that, if the minor bringing the action or against whom the action is brought has previously been adjudged a dependent child or a ward of the juvenile court, the matter shall be heard in the juvenile court having jurisdiction over the minor.
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Section § 375

Explanation

If someone involved in a lawsuit or legal process becomes unable to participate because of a disability, the case doesn't just stop. Instead, the court will let the person’s representative continue on their behalf or against them.

An action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be continued by or against the party’s representative.
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Section § 376

Explanation

This law allows the parents of a minor child, either legitimate or illegitimate, to file a lawsuit if their child is harmed due to someone else's wrongful act or neglect. If one parent can’t join the lawsuit because they are unavailable, the other can proceed alone, but the non-joining parent must still be notified. For illegitimate children, the father must have acknowledged paternity before the injury occurred. In certain scenarios, a guardian can also file a lawsuit. The lawsuit can be against the person who caused the harm or others responsible. The death of the child doesn’t stop the case for damages before the death. Compensation can be awarded based on the situation, with specific rules if the child or the person who caused the injury is deceased. The case can be combined with a wrongful death case if applicable.

(a)CA Civil Procedure Code § 376(a) 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 either parent fails on demand to join as plaintiff in the action or is dead or cannot be found, then the other parent may maintain the action. The parent, if living, who does not join as plaintiff shall be joined as a defendant and, before trial or hearing of any question of fact, shall be served with summons either in the manner provided by law for the service of a summons in a civil action or by sending a copy of the summons and complaint by registered mail with proper postage prepaid addressed to that parent’s last known address with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court.
(b)CA Civil Procedure Code § 376(b) A parent may maintain an action for such an injury to his or her illegitimate unmarried minor child if a guardian has not been appointed. Where a parent who does not have care, custody, or control of the child brings the action, the parent who has care, custody, or control of the child shall be served with the summons either in the manner provided by law for the serving of a summons in a civil action or by sending a copy of the summons and complaint by registered mail, with proper postage prepaid, addressed to the last known address of that parent, with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court.
(c)CA Civil Procedure Code § 376(c) The father of an illegitimate child who maintains an action under this section shall have acknowledged in writing prior to the child’s injury, in the presence of a competent witness, that he is the father of the child, or, prior to the child’s injury, have been judicially determined to be the father of the child.
(d)CA Civil Procedure Code § 376(d) A parent of an illegitimate child who does not maintain an action under this section may be joined as a party thereto.
(e)CA Civil Procedure Code § 376(e) A guardian may maintain an action for such an injury to his or her ward.
(f)CA Civil Procedure Code § 376(f) An action under this section may be maintained against the person causing the injury. If any other person is responsible for the wrongful act or neglect, the action may also be maintained against the other person. The death of the child or ward does not abate the parents’ or guardian’s cause of action for the child’s injury as to damages accruing before the child’s death.
(g)CA Civil Procedure Code § 376(g) In an action under this section, damages may be awarded that, under all of the circumstances of the case, may be just, except that:
(1)CA Civil Procedure Code § 376(g)(1) In an action maintained after the death of the child, the damages recoverable are as provided in Section 377.34.
(2)CA Civil Procedure Code § 376(g)(2) Where the person causing the injury is deceased, the damages recoverable in an action against the decedent’s personal representative are as provided in Section 377.42.
(h)CA Civil Procedure Code § 376(h) If an action arising out of the same wrongful act or neglect may be maintained pursuant to Section 377.60 for wrongful death of a child described in this section, the action authorized by this section may be consolidated therewith for trial as provided in Section 1048.
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