Poaster

Facts and Procedural History

The County of Stanislaus brought an action on behalf of Kayla Marie L. (hereinafter Kayla) against Robert Wayne L. (hereinafter Robert) to establish that Robert is the father of Kayla, and to obtain reimbursement from Robert for public assistance moneys allegedly paid by the county for the support of Kayla. Robert, the alleged father, was himself a minor. No one petitioned to be appointed as a guardian ad litem to appear on behalf of Robert in the action. The district attorney therefore petitioned the superior court to have a guardian ad litem appointed to appear on behalf of Robert. The court, acting upon the petition, appointed the Public Guardian of Stanislaus County to be the guardian ad litem of the minor defendant Robert.

The public guardian was given no advance notice of his appointment as Robert’s guardian ad litem. After learning of the appointment, the public guardian filed a motion to vacate the appointment. The motion was made upon the ground that the court had no jurisdiction to appoint the public guardian to be Robert’s guardian ad litem, and requested that the order of appointment be vacated. The court denied the motion.

The…