FORMS FOR THE APPOINTMENT OF A GUARDIAN

AD LITEM.

In California an action is commenced by filing a complaint. If the plaintiff In an action be a minor, or an insane, or an incompetent person, he must appear by his general guardian or by a guardian ad litem appointed for him by the court in which the action is to be commenced.

FORM NO. 1.

PETITION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM FOR A MINOR UNDER THE AGE OF FOURTEEN YEARS, OR FOR AN INSANE, OR AN INCOMPETENT PERSON.

State of California, county of

SS.

To the Superior Court of the State of California, in the county of

:

The petition of A B respectfully shows:

That C D is a minor, under the age of fourteen years, [or is an incompetent person, or is insane,] and your petitioner states on his information and belief that said minor [or said incompetent person, or said insane person,] was on the has been ever since the owner of a tract of land situate in county in this state, and which is described as [describe the land.]

That ever since the

day of

day of

and

one E F has withheld the possession of said real estate, and the rents, issues and profits thereof, from said C D. [Or state briefly any other cause of action, which the person for whom the guardian ad litem is asked to be appointed has.]

That your petitioner is a relative [or friend] of said C D and it is for the best interest of said C D that an action be commenced by said C D against said E F for the recovery of the possession of said real estate, and for said rents, issues and profits thereof. [Or state the other relief for which the action should be commenced.]

WHEREFORE your petitioner asks that your petitioner be appointed guardian ad litem of said C D to commence and carry on such action for him.

[Date.]

A B.

A B, being duly sworn, says that he has read [or heard read] the foregoing petition and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and, as to those matters, that he believes it to be true. [Jurat.]

A B. If a guardian ad litem is to be for a minor over the age of fourteen years, such minor should, himself, petition for the appointment of the guardian ad litem.

FORM NO. 2.

PETITION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM FOR A MINOR, AN INSANE, OR AN INCOMPETENT PERSON, DEFENDANT, MADE BY A PLAINTIFF IN THE ACTION.

In the Superior Court of the State of California, in the county of

A B, plaintiff, v. C D, defendant.

To the Superior Court of the State of California, in the County of

The petition of A B respectfully shows:

That he is the plaintiff in the above entitled action;

That CD, who is a defendant in the action, is a minor of the age of about years; [or is an incompetent person, or is an

insane person.]

That a summons has been issued in the action, and such summons was served on the defendant C D in the county of day of -; that said summons has been returned to this court and is on file in this action;

in this state, on the

That more than ten days have elapsed since the time of such service and no application to have a guardian ad litem appointed for said defendant C D has been made; and petitioner states on his information and belief that said CD has no general guardian in this state.

WHEREFORE your petitioner asks that some suitable and competent person be appointed guardian ad litem for said defend

ant C D, and that such guardian be authorized and directed to appear and defend in the action in behalf of said defendant C D.

[Verification as in Form No. 1.]

A B.

A defendant, if a minor over the age of fourteen years, may himself pet!tion for the appointment of a guardian ad litem for himself, or if under that age, or if he be an insane or incompetent person, a relative or friend of the defendant may petition the court, in which the action is pending, for the appointment of such guardian ad litem, but if he or they fail to do so, the application for such appointment may be made by any party to the action. Code of Civil Procedure, Sec. 373.

FORM NO. 3.

ORDER OF COURT APPOINTING A GUARDIAN AD LITEM FOR PLAINTIFF.

[Name of Court.]

In the matter of the petition of A B for the appointment of a guardian ad litem for C D, a minor.

On reading and filing the petition of A B for the appointment of a guardian ad litem for C D, and it appearing to the satisfaction of the court that said C D is a minor, and that such guardian ad litem should be appointed;

It is ordered that A B be and he is appointed guardian ad litem for said C D, and he is authorized to commence and prosecute as such guardian for said C D, an action as mentioned in said petition.

Dated this

day of

FORM NO. 4.

Judge.

ORDER BY THE COURT APPOINTING A GUARDIAN AD LITEM FOR A DEFENDANT.

[Name of Court.]

On reading the petition of

on file in this action; ordered that E F be, and he hereby is, appointed guardian ad litem of the defendant C D in this action, and he is authorized and directed to appear and defend as such guardian ad litem in the action for said C D.

Dated the day of

Judge.

FORMS IN AN ACTION BY OR AGAINST AN EXECUTOR OR ADMINISTRATOR, OR BY ONE WHO MUST SHOW AUTHORITY TO COMMENCE AN ACTION, OR

FOR HIS DEFENSE THEREIN.

FORM NO. 5.

COMPLAINT BY AN EXECUTOR.

[Name of Court.]

A B as the executor of the will of C D, deceased, plaintiff, v. E F, defendant.

A B, as the executor of the will of C D, deceased, complains and alleges:

I.

That said C D died in this state on the

day of, and he left at the time of his death a will; and thereafter the Superior Court of the state of California, in the county of, by its order and decree duly given and made on the day of admitted said will to probate, and granted to said A B letters testamentary thereon, as the executor thereof, and he qualified as such executor, and such letters testamentary were issued to him on the day of and he has been ever since such

executor;

That on the

II.

day of, and in the lifetime of said C D, he, at the request of the defendant E F, paid to one G H five hundred dollars, and in consideration thereof the defendant E F, promised to repay the same to said C D on the

III.

day of

That defendant has not repaid said sum of five hundred dollars, nor any part thereof, and the whole thereof is unpaid.

WHEREFORE plaintiff demands judgment against the defendant E F for the sum of five hundred dollars, and the interest thereon from said —, and plaintiff's costs of suit. GH,

day of

Attorney for Plaintiff.

FORM NO. 6.

COMPLAINT BY AN ADMINISTRATOR.

[Name of Court.]

A B as the administrator of the estate of C D, deceased, plaintiff, v. E F, defendant.

Plaintiff complains and alleges:

I.

day of

That said C D died in this state intestate on the and thereafter, by the order and decree of the Superior Court of the state of California, in the county of

day of

-, duly given and made on the letters of administration on the estate of said C D, deceased, were granted to said A B; and thereafter he qualified as the administrator of said estate, and such letters of administration were issued to said A B on the day of —, and he has been ever since the administrator of said estate.

That on the

II.

day of

the defendant made his prom

issory note in writing to said C D in his lifetime, of which the following is a copy: [Insert copy of note.]

That the said C D never sold, endorsed or transferred said promissory note, nor has this plaintiff, and the plaintiff as such administrator is the owner of said promissory note;

That said promissory note is due and wholly unpaid.

WHEREFORE plaintiff demands judgment against the defendant E F for the sum of [insert the principal of the note] and interest thereon from the cent. per annum, and plaintiff's costs of suit.

day of

at the rate of

GH,

per

Attorney for Plaintiff.

The advantage of setting out a copy of the promissory note sued on, instead of pleading its legal effect, is this, namely, unless an answer denying the genuineness and due execution of such promissory note be verified, the genu Ineness and due execution thereof will be deemed admitted. Code of Civil Procedure, sec. 447. If, however, the written instrument recite a material fact In the case, such recital is not an allegation of the fact, and there must be, in the pleading, an allegation of such fact.