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Haruko Miyata, Individually, and Keigo v. California In Nice

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 17, 2010

HARUKO MIYATA, INDIVIDUALLY, AND KEIGO
MIYATA, A MINOR, PLAINTIFFS,
v.
CALIFORNIA IN NICE, INC.,
DEFENDANT.

JUNJI SUZUKI (SBN 184738) EDWARD S. MIYAUCHI (SBN 230553) MARSHALL SUZUKI LAW GROUP, LLP 150 Spear Street, Suite 725 San Francisco, CA 94105 Telephone: (415)618-0090 Facsimile: (415)618-0190 SCOTT H. WECHSLER (SBN 100452) LAW OFFICES OF SCOTT H. WECHSLER Pier 9, Suite 100 San Francisco, CA 94111 Telephone: (415) 777-9700 Facsimile: (415) 616-5040 Attorneys for Plaintiffs, Haruko Miyata and Keigo Miyata.

APPLICATION AND [PROPOSED] ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR PLAINTIFF KEIGO MIYATA

Haruko Miyata, one the two plaintiffs in the above-entitled action, states that:

1. Keigo Miyata, the other plaintiff herein, is a minor of the age of 10 years.

2. Plaintiff Keigo Miyata has no general guardian, and no previous application for appointment of a guardian ad litem has been filed in this action.

3. Plaintiff Haruko Miyata is the mother of Keigo Miyata fully competent and qualified to 2 act as guardian ad litem for Keigo Miyata.

4. Plaintiff Haruko Miyata is willing and able to act as guardian ad litem for Keigo Miyata and consents to the appointment as guardian ad litem under the above 5 application.

WHEREFORE, plaintiff Haruko Miyata moves this Court for an order appointing her 7 as guardian ad litem for Keigo Miyata for the purpose of maintaining this action.

Verification by Proposed Guardian Ad Litem

I declare under penalty of perjury under the laws of the United States that the foregoing 22 is true and correct.

Dated: December 17, 2010

By:

/S/

Haruko Miyata, Plaintiff

Attestation re Conformed Signature

I hereby attest that I have on file all holograph signatures for any signatures indicated 27 by a "conformed" signature (/S/) within this e-filed document.

ORDER

Good cause appearing, the foregoing application is hereby approved. IT IS ORDERED that Haruko Miyata be appointed as the guardian ad litem for Keigo Miyata.

Dated: 1/3/11

By:

United States District Judge

20101217

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