§ 372.Appearance By Guardian, Conservator of Estate Or Guardian Ad Litem

Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Last amended 2023 · Last verified July 28, 2026

In one sentenceSection 372 requires a minor, a person who lacks legal capacity, or a conservatee to appear in litigation through a guardian or conservator of the estate or a court-appointed guardian ad litem, and sets the procedures and authority -- including settlement power subject to court approval -- that come with that appointment.

Full Text of § 372

Text sizeJump to: (a) (b) (c) (d) (e)

(a)

(1) When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.

(2)

(A) A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to appoint a guardian ad litem to represent the minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed, notwithstanding that the person may have a guardian or conservator of the estate and may have appeared by the guardian or conservator of the estate.

(B) If application is made for appointment of a guardian ad litem for a person described in paragraph (1), and that person has a guardian or conservator of the estate, the application may be granted only if all of the following occur:

(i) The applicant gives notice and a copy of the application to the guardian or conservator of the estate upon filing the application.

(ii) The application discloses the existence of a guardian or conservator of the estate.

(iii) The application sets forth the reasons why the guardian or conservator of the estate is inadequate to represent the interests of the proposed ward in the action.

(C) The guardian or conservator of the estate shall have five court days from receiving notice of the application to file any opposition to the application.

(3) The guardian or conservator of the estate or guardian ad litem so appearing for any minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise. Money or other property to be paid or delivered pursuant to the order or judgment for the benefit of a minor, person lacking legal capacity to make decisions, or person for whom a conservator has been appointed shall be paid and delivered as provided in Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code.

(4) Where reference is made in this chapter to "a person who lacks legal capacity to make decisions," the reference shall be deemed to include all of the following:

(A) A person who lacks capacity to understand the nature or consequences of the action or proceeding.

(B) A person who lacks capacity to assist the person's attorney in the preparation of the case.

(5) Nothing in this section, or in any other provision of this code, the Civil Code, the Family Code, or the Probate Code is intended by the Legislature to prohibit a minor from exercising an intelligent and knowing waiver of the minor's constitutional rights in a proceeding under the Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code).

(b)

(1) Notwithstanding subdivision (a), a minor 12 years of age or older may appear in court without a guardian, counsel, or guardian ad litem, for the purpose of requesting or opposing a request for any of the following:

(A) An injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6.

(B) An injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8.

(D) A protective order pursuant to Sections 7710 and 7720 of the Family Code. The court may, either upon motion or in its own discretion, and after considering reasonable objections by the minor to the appointment of specific individuals, appoint a guardian ad litem to assist the minor in obtaining or opposing the order, provided that the appointment of the guardian ad litem does not delay the issuance or denial of the order being sought. In making the determination concerning the appointment of a particular guardian ad litem, the court shall consider whether the minor and the guardian have divergent interests.

(2) For purposes of this subdivision only, upon the issuance of an order pursuant to paragraph (1), if the minor initially appeared in court seeking an order without a guardian or guardian ad litem, and if the minor is residing with a parent or guardian, the court shall send a copy of the order to at least one parent or guardian designated by the minor, unless, in the discretion of the court, notification of a parent or guardian would be contrary to the best interest of the minor. The court is not required to send the order to more than one parent or guardian.

(c)

(1) Notwithstanding subdivision (a), a minor may appear in court without a guardian ad litem in the following proceedings if the minor is a parent of the child who is the subject of the proceedings:

(A) Family court proceedings pursuant to Part 3 (commencing with Section 7600) of Division 12 of the Family Code.

(B) Dependency proceedings pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.

(C) Guardianship proceedings for a minor child pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code.

(D) Any other proceedings concerning child custody, visitation, or support.

(2) If the court finds that the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case, the court shall, upon its own motion or upon a motion by the minor parent or the minor parent's counsel, appoint a guardian ad litem.

(d) Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding:

(1) Any known actual or potential conflicts of interest that would or might arise from the appointment.

(2) Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties.

(e) If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court.

End

Plain-English Summary

Section 372 is the core rule governing how minors, people who lack the legal capacity to make decisions, and people under conservatorship take part in litigation. They cannot appear on their own; they must appear through a guardian or conservator of the estate, or through a guardian ad litem the court appoints for the case. A guardian ad litem can be appointed even when the person already has a guardian or conservator of the estate, though if that guardian or conservator objects, the court requires notice, a disclosed reason why the existing fiduciary cannot adequately represent the person, and an opportunity to oppose the request.

Whoever appears -- guardian, conservator, or guardian ad litem -- has the power, with court approval, to compromise the case, agree to judgment, and satisfy or release claims on the protected person's behalf. Any money recovered for a minor or a person lacking capacity must be paid and delivered according to the Probate Code's procedures for handling funds belonging to protected persons, rather than paid directly to the guardian.

Subdivision (b) creates a narrow exception: a minor age 12 or older may appear without a guardian, counsel, or guardian ad litem to seek or oppose specific protective orders -- harassment injunctions, workplace-violence injunctions, and domestic-violence or elder/dependent-adult protective orders -- though the court can still appoint a guardian ad litem to assist, considering whether the minor and the proposed guardian have divergent interests. Subdivision (c) extends similar self-representation to a minor parent in family court, dependency, guardianship, or custody proceedings involving that minor's own child, unless the court finds the minor parent cannot understand the proceedings or assist counsel. The remaining subdivisions require a proposed guardian ad litem to disclose conflicts of interest before appointment and to update that disclosure if a new conflict arises.

Frequently Asked Questions

Can a minor sue or be sued directly in a California civil case?

Generally no. Section 372 requires a minor to appear through a guardian or conservator of the estate, or through a guardian ad litem appointed by the court, except in the narrow situations subdivisions (b) and (c) describe.

Can a guardian ad litem settle a case on behalf of a minor?

Yes, but only with court approval. Section 372(a)(3) gives the guardian, conservator, or guardian ad litem power to compromise the case and agree to judgment, subject to the court's approval, and any money owed to the protected person must be paid under the Probate Code's procedures.

Can a minor ever appear in court without a guardian ad litem?

Yes. Under subdivision (b), a minor 12 or older may appear alone to seek or oppose certain protective orders, such as a harassment or workplace-violence injunction or a domestic-violence protective order, though the court can still appoint a guardian ad litem to help.

Does having an existing guardian or conservator block appointment of a guardian ad litem?

No, but it adds requirements. If the person already has a guardian or conservator of the estate, the applicant must give that fiduciary notice, disclose the existing appointment, and explain why it is inadequate for the litigation, and the fiduciary gets five court days to oppose.

Does a minor parent need a guardian ad litem to handle a custody case involving their own child?

Not automatically. Subdivision (c) lets a minor parent appear without a guardian ad litem in family court, dependency, guardianship, and custody proceedings concerning their child, unless the court finds the minor cannot understand the proceedings or assist counsel.

Amendment History

Amended by Stats 2022 ch 843 (SB 1279),s 1, eff. 1/1/2023. Amended by Stats 2014 ch 144 (AB 1847),s 5, eff. 1/1/2015. Amended by Stats 2008 ch 181 (SB 1612),s 1, eff. 1/1/2009.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: guardian ad litem californiaminor party to lawsuit californiaconservatee lawsuit representationincompetent person party to civil action