372. (a) When a minor, an incompetent person, 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. 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, incompetent
person, 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. The guardian or conservator of the estate or guardian ad
litem so appearing for any minor, incompetent person, 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. Any money or other property to be paid or delivered
pursuant to the order or judgment for the benefit of a minor,
incompetent person, 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.
Where reference is made in this section to "incompetent person,"
such reference shall be deemed to include "a person for whom a
conservator may be appointed."
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 his or her constitutional rights in any
proceedings under the Juvenile Court Law, Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.
(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) An injunction or temporary restraining order or both to
prohibit harassment pursuant to Section 527.6.
(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) A protective order pursuant to Division 10 (commencing with
Section 6200) of the Family Code.
(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) 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.
(3) The Judicial Council shall adopt forms by July 1, 1999, to
facilitate the appointment of a guardian ad litem pursuant to this
subdivision.
(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) Family court proceedings pursuant to Part 3 (commencing with
Section 7600) of Division 12 of the Family Code.
(B) Dependency proceedings pursuant to Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.
(C) Guardianship proceedings for a minor child pursuant to Part 2
(commencing with Section 1500) of Division 4 of the Probate Code.
(D) Any other proceedings concerning child custody, visitation, or
support.
(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.
373. When a guardian ad litem is appointed, he or she shall be
appointed as follows:
(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 of the age of 14 years, or if under that age, upon the
application of a relative or friend of the minor.
(b) If the minor is the defendant, upon the application of the
minor, if the minor is of the age of 14 years, 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) If an insane or incompetent person is a party to an action or
proceeding, upon the application of a relative or friend of such
insane or incompetent person, or of any other party to the action or
proceeding, or by the court on its own motion.
373.5. 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.
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) 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) 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.
374.5. 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.
375. 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.
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) 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) 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) A parent of an illegitimate child who does not maintain an
action under this section may be joined as a party thereto.
(e) A guardian may maintain an action for such an injury to his or
her ward.
(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) 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) In an action maintained after the death of the child, the
damages recoverable are as provided in Section 377.34.
(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) 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.
372. (a) When a minor, an incompetent person, 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. 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, incompetent
person, 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. The guardian or conservator of the estate or guardian ad
litem so appearing for any minor, incompetent person, 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. Any money or other property to be paid or delivered
pursuant to the order or judgment for the benefit of a minor,
incompetent person, 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.
Where reference is made in this section to "incompetent person,"
such reference shall be deemed to include "a person for whom a
conservator may be appointed."
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 his or her constitutional rights in any
proceedings under the Juvenile Court Law, Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.
(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) An injunction or temporary restraining order or both to
prohibit harassment pursuant to Section 527.6.
(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) A protective order pursuant to Division 10 (commencing with
Section 6200) of the Family Code.
(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) 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.
(3) The Judicial Council shall adopt forms by July 1, 1999, to
facilitate the appointment of a guardian ad litem pursuant to this
subdivision.
(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) Family court proceedings pursuant to Part 3 (commencing with
Section 7600) of Division 12 of the Family Code.
(B) Dependency proceedings pursuant to Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.
(C) Guardianship proceedings for a minor child pursuant to Part 2
(commencing with Section 1500) of Division 4 of the Probate Code.
(D) Any other proceedings concerning child custody, visitation, or
support.
(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.
373. When a guardian ad litem is appointed, he or she shall be
appointed as follows:
(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 of the age of 14 years, or if under that age, upon the
application of a relative or friend of the minor.
(b) If the minor is the defendant, upon the application of the
minor, if the minor is of the age of 14 years, 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) If an insane or incompetent person is a party to an action or
proceeding, upon the application of a relative or friend of such
insane or incompetent person, or of any other party to the action or
proceeding, or by the court on its own motion.
373.5. 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.
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) 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) 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.
374.5. 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.
375. 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.
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) 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) 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) A parent of an illegitimate child who does not maintain an
action under this section may be joined as a party thereto.
(e) A guardian may maintain an action for such an injury to his or
her ward.
(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) 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) In an action maintained after the death of the child, the
damages recoverable are as provided in Section 377.34.
(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) 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.
372. (a) When a minor, an incompetent person, 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. 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, incompetent
person, 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. The guardian or conservator of the estate or guardian ad
litem so appearing for any minor, incompetent person, 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. Any money or other property to be paid or delivered
pursuant to the order or judgment for the benefit of a minor,
incompetent person, 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.
Where reference is made in this section to "incompetent person,"
such reference shall be deemed to include "a person for whom a
conservator may be appointed."
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 his or her constitutional rights in any
proceedings under the Juvenile Court Law, Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.
(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) An injunction or temporary restraining order or both to
prohibit harassment pursuant to Section 527.6.
(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) A protective order pursuant to Division 10 (commencing with
Section 6200) of the Family Code.
(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) 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.
(3) The Judicial Council shall adopt forms by July 1, 1999, to
facilitate the appointment of a guardian ad litem pursuant to this
subdivision.
(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) Family court proceedings pursuant to Part 3 (commencing with
Section 7600) of Division 12 of the Family Code.
(B) Dependency proceedings pursuant to Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.
(C) Guardianship proceedings for a minor child pursuant to Part 2
(commencing with Section 1500) of Division 4 of the Probate Code.
(D) Any other proceedings concerning child custody, visitation, or
support.
(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.
373. When a guardian ad litem is appointed, he or she shall be
appointed as follows:
(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 of the age of 14 years, or if under that age, upon the
application of a relative or friend of the minor.
(b) If the minor is the defendant, upon the application of the
minor, if the minor is of the age of 14 years, 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) If an insane or incompetent person is a party to an action or
proceeding, upon the application of a relative or friend of such
insane or incompetent person, or of any other party to the action or
proceeding, or by the court on its own motion.
373.5. 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.
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) 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) 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.
374.5. 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.
375. 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.
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) 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) 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) A parent of an illegitimate child who does not maintain an
action under this section may be joined as a party thereto.
(e) A guardian may maintain an action for such an injury to his or
her ward.
(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) 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) In an action maintained after the death of the child, the
damages recoverable are as provided in Section 377.34.
(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) 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.
