Prevailing Party:  Elder Abuse Guardian Ad Litem Was Not “Party” Subject To Welfare And Institutions Code Fee-Shifting Statute

Guardian Ad Litem Is Not Technically A Party To An Action.

            In Albrecht v. Pearson, Case No. B281720 (2d Dist., Div. 1 Jan. 30, 2018) (unpublished), a person appointed as an elder’s guardian ad litem lost a restraining order and was ordered to pay attorney’s fees and costs under Welfare and Institutions Code section 15657.03(t).  However, this order was reversed as a matter of law because a guardian ad litem is not a “party” to the action such that the fee-shifting provision was not triggered. 

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