Section 1833

Citation: Section 1833
Parent Document: Berry v. Chaplin, 74 Cal. App. 2d 652 (1946)
Jurisdiction: California (state)
Effective Date: 1946-05-27
Original Source: https://www.courtlistener.com/opinion/2616982/berry-v-chaplin/ ↗

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An examination of the cases cited by defendant will readily show that they are not applicable to the case at bar although statements may be found therein arguendo that seem to favor his theory. In the case of In re Price, 61 Cal.App. 592 [215 P. 710], the mother of the minor and not the guardian ad litem had employed attorneys and the question was whether they were entitled to be paid for their services. No stipulation was involved and the only question decided by the court was that when a guardian ad litem has been appointed no one else may exercise his powers. In Newport v. Hatton, 195 Cal. 132 [231 P. 987], both sides of an action in which minors were defendants were controlled by the same attorney, and by fraudulent concealment of the rights of the minors the facts were not truly presented to the court. In Estate of Hastings, 206 Cal. 524 [274 P. 973], the court appointed an expert witness in a proceeding by a claimant of the estate of a deceased person. The *660 court held that the attorney for the incompetent claimant not having made an objection to the appointment of the expert all objections to such action were waived. However, there was no stipulation that his evidence should be binding or that it should be given any greater weight than such evidence is usually accorded. In Taylor v. Hill, 115 Cal. 143 [44 P. 336, 46 P. 922], the only point was whether an attorney employed by the guardian ad litem had power to waive a statutory notice of a claim.

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