Notice of Motion and Motion for Appointment of Guardian Ad Litem; Memorandum of Points and Authorities

    7 

JOEL R. REYNOLDS ® 
JACQUELINE WARREN 

NATURAL RESOURCES it C E 

617 S. Olive Street, Suit 

Los Angeles, CA 90014 v E D 

(213) 892-1500 DEC 

2 01990 
JANE PERKINS 
NATIONAL HEALTH LAW PROG Lr RD W. WIEK NG 

DISTRICT COURT 
CT OF CALIFORNIA 

RK, U 
2639 S. La Cienega B1vd oat 

Los Angeles, CA 9003 HERN DH 

(213) 204-6010 

STEPHEN RONFELDT 

SUSAN SPELLETICH 

LEGAL AID SOCIETY OF ALAMEDA COUNTY 

1440 Broadway, Suite 700 

Oakland, CA 94612 

(415) 451-9261 

BILL LANN LEE 

KEVIN S. REED 
NAACP LEGAL DEFENSE AND f&Ty 

315 W. 9th Street, Suitecg® 

Los Angeles, CA 90015 

(213) 624-2405 

MARK D. ROSENBAUM 

ACLU FOUNDATION OF SOUTHERN CALIFORNIA 

633 South Shatto Place 

Los Angeles, CA 90005 

(213) 480-3221 

Attorneys for Plaintiffs 

(Additional counsel on following page) 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

ERIKA MATTHEWS AND JALISA MATTHEWS, 

by their guardian ad litem Lisa 

Matthews, and PEOPLE UNITED FOR A 

BETTER OAKLAND, On Behalf of 

Themselves and All Others Similarly 

Situated, 

  Civ. No. 

CIASS ACTION 
  

) 
) 
) 
) 
) 
) NOTICE OF MOTION AND 

) MOTION FOR APPOINTMENT 

Plaintiffs, ) OF GUARDIAN AD LITEM; 

) MEMORANDUM OF POINTS AND 

Ve. ) AUTHORITIES 

KENNETH KIZER, Director, California ) 

Department of Health Services, ) 
) Date: 

) Time: 
) Courtroom: 

Defendant. 

        MOTION GUARDIAN AD LITEM  



      

EDWARD M. CHEN { » 
ACLU FOUNDATION OF NORTHERN CALIFORNIA 

1663 Mission Street, Suite 460 
San Francisco, CA 94103 
(415) 621-2493 

Attorneys for Plaintiffs 

MOTION GUARDIAN AD LITEM 

  

 



      

PLEASE N NOTICE that on @..... a7 1991, at 
  

__:00 a.m. or as soon thereafter as the matter may be heard, in 

Court room _____ of the above-entitled Court, located at 450 

Golden Gate Avenue, in San Francisco, California, plaintiffs will 

move for an order appointing Lisa Matthews, as guardian ad litem 

for Erika Matthews and Jalisa Matthews, both minors, to prosecute 

their claims in the above-entitled action. 

This motion will be based upon the accompanying declaration 

of Lisa Matthews, the complaint and all other pleadings of record 

herein, and upon such oral and written argument as may be 

presented at the hearing on this motion. 

Dated: December 20, 1990 

Respectfully submitted, 

NATURAL RESOURCES DEFENSE COUNCIL 

NATIONAL HEALTH LAW PROGRAM 

LEGAL AID SOCIETY OF ALAMEDA COUNTY 

NAACP LEGAL DEFENSE AND EDUCATION FUND 

ACLU FOUNDATION OF SOUTHERN CALIFORNIA 
ACLU FOUNDATION OF NORTHERN CALIFORNIA 

  By__ = 
el R. Reyngl s UU 

Afltorney fox Plaintiffs 

MOTION GUARDIAN AD LITEM 

  

 



  

27 

28     

@ = or2n0un OF POINTS AND Aorir1Es 
  

Rule 17 of the Federal Rules of Civil Procedure provides for 

the appointment of a guardian ad litem where an individual does 

not have the capacity to sue in his or her own behalf. 

Plaintiff Erika Matthews is age 2. Plaintiff Jalisa 

Matthews is age 1. As minors, these plaintiffs do not have the 

capacity to bring their own claims challenging the denial of lead 

blood screening or treatment. 

As set forth in the accompanying declaration, the mother of 

these two minor plaintiffs will competently represent their 

interests in this action and does not have any interests adverse 

to them. Hence, the Court should make the following appointment 

as guardian ad litem for this action: Lisa Matthews for her 

children, Erika Matthews and Jalisa Matthews. 

Dated: December 20, 1990 

Respectfully submitted, 

NATURAL RESOURCES DEFENSE COUNCIL 

NATIONAL HEALTH LAW PROGRAM 

LEGAL AID SOCIETY OF ALAMEDA COUNTY 

NAACP LEGAL DEFENSE AND EDUCATION FUND 

ACLU FOUNDATION OF SOUTHERN CALIFORNIA 
ACLU FOUNDATION OF NORTHERN CALIFORNIA 

Beale ot 
el R. Reyno das/ 

Attorney f£ laintiffs 

  

MOTION GUARDIAN AD LITEM 

  

 



C » 
PROOF OF SERVICE BY MAIL 

I, the undersigned, state that I am a citizen of the United 

  

States and a resident of Alameda County, over 18 years of age, and 

not a party to the within action. My business address is 1440 

Broadway, Suite 700, Oakland, California 94612. on 

December 20, 1990 I served the foregoing: Notice of Motion and 
    

Motion for Appointment of Guardian Ad Litem; Memorandum of Points 
  

and Authorities; Proposed Order; Declaration of Lisa Matthews 
  

  

by placing a copy in an envelope addressed as follows: 

See attached 1lis— 

Said envelope was then sealed and postage fully prepaid thereon and 

deposited in the United States mail at Oakland, Alameda County, 

California. There is regular delivery of the United States mail 

between said places of deposit and address. | 

I declare under penalty of perjury that the foregoing is true 

and correct, and that this declaration was executed on 

December 20, 1990 in Oakland, California. 
  

  

 



  

\ » 

Service List 
  

Defendant: 

KENNETH KIZER, Director 
California Department of Health Services 
714 P Street 
Sacramento, CA 95814 

Plaintiffs' Counsel: 

JOEL R. REYNOLDS 

JACQUELINE WARREN 

NATURAL RESOURCES DEFENSE COUNCIL 

617 S. Olive Street, Suite 1210 
Los Angeles, CA 90014 
(213) 892-1500 

JANE PERKINS 
NATIONAL HEALTH LAW PROGRAM 

2639 S. La Cienega Blvd. 
Los Angeles, CA 90034 
(213) 204-6010 

STEPHEN. RONFELDT 

SUSAN SPELLETICH 

LEGAL AID SOCIETY OF ALAMEDA COUNTY 

1440 Broadway, Suite 700 
Oakland, CA 94612 
(415) 451-9261 

BILL LANN LEE 
KEVIN S. REED 
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, 
315 W. 9th Street, Suite 208 
Los Angeles, CA 90015 
(213) 624-2405 

MARK D. ROSENBAUM 
ACLU FOUNDATION OF SOUTHERN CALIFORNIA 

633 South Shatto Place 
Los Angeles, CA 90005 
(213) 487-1720 

EDWARD M. CHEN 

ACLU FOUNDATION OF NORTHERN CALIFORNIA 

1663 Mission Street, Suite 460 
San Francisco, CA 94103 

INC.