Court of Appeal Issued Mandate Quashing Judgment Debtor Exam Proceeding Against Guardian.
In Beasley v. Superior Court, Case No. D057308 (4th Dist., Div. 1 Dec. 10, 2010) (unpublished), a minor, through a grandmother who was appointed as guardian ad litem, had costs assessed against her in a case after it was voluntarily dismissed. The defense then sought to take a judgment debtor examination of guardian, personally, in order to see if there were assets to satisfy the $12,120.60 costs award.
The Court of Appeal issued mandate, finding that the judgment debtor exam should be quashed. Reason? Guardian ad litem only serves in a representative capacity, and should not be liable for costs unless guardian was guilty of mismanagement or fraud–circumstances not even remotely in play.
