Re: In re Makayla Aguilar
Superior Court Case No. 15CECG02780
Hearing Date: February 14, 2018 (Dept. 503)
Motion: Petition to Compromise Minor’s Claim

Tentative Ruling:

To deny without prejudice. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders, and obtain a new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.)

Explanation:

Although the petition makes mention of attorney Nadin Said at item 18 of the petition, and at attachment 18(e), and the petitioner Lydia Aguilar states that she was represented or assisted by an attorney in preparing the petition, the petition was submitted by Lydia Aguilar and not by the attorney. Nadin Said did not sign the petition nor is Nadin Said’s name and bar number on the front page indicating that he is the attorney of record.

The petition may not be brought by the guardian in pro per. A nonattorney appointed as guardian ad litem cannot act in pro per. Doing so would constitute the unlawful practice of law. Bus. & Prof.C. § 6125 and J.W. v. Sup.Ct., (1993) 17 CA4th 958, 965. The petition must be filed by an attorney.

The petition states that the money is going to be transferred to the trustee of a trust. See item 19b(7). However, attachment 19a(3) indicates the money will be deposited in an account at the Educational Employees Credit Union. This discrepancy must be clarified.

Petitioner has failed to provide a MC-351 Order Approving Compromise.

Pursuant to California Rules of Court, Rule 3.1312, subd. (a) and Code of Civil Procedure section 1019.5, subd. (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling
Issued By: A. M. Simpson on 02/13/18
(Judge’s initials) (Date)