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AMENDED STIPULATION and [proposed] ORDER DISMISSING

SAM SANDER; CASE NO. C08-04196 BZ

JEFFREY M. VUCINICH, ESQ. BAR#: 67906

PATRICK R. CO, ESQ. BAR #: 200160

CLAPP, MORONEY, BELLAGAMBA, VUCINICH,

BEEMAN and SCHELEY

A PROFESSIONAL CORPORATION 

1111 Bayhill Drive, Suite 300

San Bruno, CA 94066

(650) 989-5400 (650) 989-5499 FAX

Attorneys for Defendants

CITY OF HAYWARD; SAM SANDER; and MIKE EDWARDS

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DANIELLE POLLAR; SHALAWN

POLLAR as Guardian Ad Litem for J.A., a

minor,

Plaintiffs,

v.

COUNTY OF ALAMEDA; MARY

TAKEUCHI; DALE BILLITER;

MICHAEL YEE; CITY OF HAYWARD;

SAM SANDER; MIKE EDWARDS; and

DOES 1 through 20, inclusive,

Defendants.

CASE NO.: C08-04196 BZ

AMENDED STIPULATION and

[proposed] ORDER DISMISSING SAM

SANDER

IT IS HEREBY STIPULATED by and between the parties to this action, through their

designated counsel, that all of the claims in this action of plaintiffs DANIELLE POLLAR; and

SHALAWN POLLAR as Guardian Ad Litem for J.A., a minor, against SAM SANDER are dismissed

with prejudice pursuant to FRCP 41(a)(1), and with a waiver of costs by the dismissed defendant. 

In addressing this Court’s order dated December 23, 2009, in executing this stipulation, the

parties are aware that under the California Code of Civil Procedure Section 372, a guardian ad litem

may only “compromise” the interests of a minor “with the approval of the court.” Such a compromise

would include settlement. See Cal. Code Civil Procedure § 372. Despite this provision, however, a

guardian ad litem is not required to secure court approval in seeking a dismissal. See Zapanta v.

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AMENDED STIPULATION and [proposed] ORDER DISMISSING

SAM SANDER; CASE NO. C08-04196 BZ 2

Universal Care, Inc., 107 Cal. App. 4th 1167, 1174-75 (2003). A dismissal is “certainly not the

equivalent” of a settlement. Id. at 1174. The Zapanta court recognized that Section 372 did not

expressly preclude dismissal of an action by a guardian ad litem. Id. at 1175. Here, the parties do not

enter into this stipulation as a compromise or settlement of the minor, J.A.’s interests. Rather, this

agreement is merely a stipulation to dismiss Defendant Sam Sander from this action with prejudice.

Furthermore, the parties are unaware of an equivalent to California Code of Civil Procedure

Section 372 within the Federal Rules of Civil Procedure. See FED. RULE CIV. PROC. § 17(c).

However, one district court has opined that a federal court’s authority to approve of a guardian ad

litem’s settlement on behalf of a minor is based upon state law. Eagan by Keith v. Jackson, 855 F.

Supp. 765, 775 (E.D. Pa. June 13, 1994). Thus, as far as the parties understand, California Code of

Civil Procedure Section 372, and corresponding state law precedent such as Zapanta, are controlling.

This Court should nevertheless feel free to direct the parties’ attention to authority that states

otherwise for further or more appropriate guidance. 

For those reasons, the parties stipulate to dismiss Officer Sam Sander from this action, and

respectfully request that this Court order such dismissal.

DATED: January 4, 2010 LAW OFFICES OF ROBERT R. POWELL

By: /S/

ROBERT R. POWELL

Attorney for Plaintiffs, Danielle Pollar and

Shalawn Pollar, as Guardian Ad Litem for J.A.,

a Minor

DATED: January 4, 2010 HAAPALA THOMPSON & ABERN LLP

By: /S/

REBECCA C. WIDEN

Attorney for Defendants

COUNTY OF ALAMEDA, et al.

/ / /

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AMENDED STIPULATION and [proposed] ORDER DISMISSING

SAM SANDER; CASE NO. C08-04196 BZ 3

DATED: January 4, 2010 CLAPP MORONEY BELLAGAMBA VUCINICH

BEEMAN and SCHELEY

By: /S/

PATRICK R. CO

Attorney for Defendants

CITY OF HAYWARD; SAM SANDER;

and MIKE EDWARDS

ORDER

This stipulation having been considered by the Court, and good cause appearing,

IT IS HEREBY ORDERED.

Date: ___________________________________________

MAGISTRATE JUDGE BERNARD ZIMMERMAN

January 5, 2010

Case 3:08-cv-04196-BZ Document 55 Filed 01/05/10 Page 3 of 3