Is a minor entitled to sue for damages against an adult who failed to act on behalf of the minor?

California, United States of America


The following excerpt is from Shotlow v. City of Los Angeles, 65 Cal.Rptr. 851 (Cal. App. 1968):

Until some adult undertakes to act on a minor's behalf, he is ordinarily without the ability to protect his rights personally. Nevertheless, his rights will still be lost if such initial action is not taken within the more liberal period presently established by the claims statute. (Wall v. Sonora Union High Sch. Dist., supra, 240 Cal.App.2d 870, 872-874, 50 Cal.Rptr. 178.) However, once some adult has undertaken to act on the minor's behalf either by filing a timely claim or a belated claim within the period permitted therefor, his position thereafter is realistically no different from that of any adult who must rely on his counsel to prosecute his cause of action in accordance with the applicable statute of limitations. (Cf. Tubbs v. Southern Cal. Rapid Transit Dist., 67 A.C. 683, 687-688, 690-691, 63 Cal.Rptr. 377, 433 P.2d 169.) Thus, in the instant action wherein the minor's claim indicates that he and his mother, his natural guardian, were both represented by counsel at that time, the failure of such counsel to file a complaint on their respective causes of action effected as great a hardship to the adult as to the minor and each of them was equally unable realistically to avoid such misfortune.

Other Questions


What authority does appellant rely on when it comes to asserting that a person is entitled to claim that they are not entitled to the same amount of damages as they are entitled to? (California, United States of America)
What is the test for determining whether a plaintiff is entitled to damages for damages that are speculative? (California, United States of America)
Is a defendant entitled to damages if he fails to testify in his defense? (California, United States of America)
Is a plaintiff entitled to recover damages from a defendant who failed to properly assess the risk? (California, United States of America)
Does a plaintiff have to prove that they are entitled to sue for damages against a third party for failing to provide adequate evidence to support their claim? (California, United States of America)
Is a minor entitled to damages from her parents for medical negligence? (California, United States of America)
Does a defendant who fails to request a special verdict segregating the elements of damages on appeal forfeits the right to challenge a separate element of damages? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
When a minor is questioned by a sheriff's deputy as a suspect in a sexual assault case, is the minor required to obtain the consent of an adult before making a confession? (California, United States of America)
When a minor is convicted of a crime committed as a minor, what is the impact of that minor's remoteness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.