§ 373 Guardian ad litem; appointment procedure

Codes > California Code of Civil Procedure > Part 2 > Title 3 : Chapter 3 > 373

§ 373. Guardian ad litem; appointment procedure

    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.