Can a guardian ad litem be considered a party to an action?

California, United States of America


The following excerpt is from Regency Health Services, Inc. v. Superior Court, 64 Cal.App.4th 1496, 76 Cal.Rptr.2d 95 (Cal. App. 1998):

Two constructions of the term "party" as used in Section 2030(g) are possible. What might be termed a strictly literal construction is that the term "party" was intended to be strictly limited to the real party in interest. Here, that would be plaintiff herself. Clearly the guardian ad litem is not the real party in interest; no judgment can be entered either for or against the guardian. (Cf.Code Civ. Proc., 367; Sarracino v. Superior Court (1974) 13 Cal.3d 1, 13, 118 Cal.Rptr. 21, 529 P.2d 53 ["A guardian ad litem who appears for an incompetent person in an action or proceeding does not thereby become a party to that action or proceeding any more than the incompetent person's attorney of record is a party."].) This "strictly literal" construction--construing the term "party" to exclude a guardian--leaves no one available to respond to interrogatories.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a party who transfers his interest in an action after the action has been commenced and before judgment the proper party to appeal? (California, United States of America)
If the full credit bid rule is extended to bar fraud actions against third parties, can appellant bring an action against the third party? (California, United States of America)
When a party becomes incompetent but no guardian ad litem is appointed, can the court grant relief to a party's attorney who failed to properly file an answer? (California, United States of America)
Does collateral estoppel prevent a party from relitigating the same cause of action in a subsequent action? (California, United States of America)
What is the effect of a plaintiff's failure to join the action of the other party to the action? (California, United States of America)
What is the test for a party to an action to change the theory of the cause of action on appeal? (California, United States of America)
Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
Can a party continue to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.