B. Clarke

The defendants and respondents brought a motion to declare the self-represented plaintiff a party under disability and to appoint the Public Guardian and Trustee as his litigation guardian.

The plaintiff opposed the motion, arguing he was capable of representing himself despite a history of mental health issues and a traumatic brain injury.

Applying the test from Huang v. Braga, the court found the plaintiff lacked the capacity to understand the litigation process, appreciate the consequences of his decisions, or maintain a consistent approach to the proceedings.

The court declared the plaintiff a party under disability and appointed the Public Guardian and Trustee as his litigation guardian.

At a case conference, the court established a timetable for a motion to determine the capacity of the self-represented plaintiff.

The defendants intend to bring a motion to appoint the Public Guardian and Trustee as litigation guardian for the plaintiff before any further steps are taken in the actions.

The plaintiffs commenced an action for injuries sustained during an assault at a concert.

The defendant Inneractive was added to the action based on information from co-defendants, but it was later determined Inneractive was not providing security on the date of the incident.

Inneractive brought a motion for summary judgment and costs after the plaintiffs circulated a consent dismissal that went unanswered.

The court granted the dismissal but reduced Inneractive's claimed costs because the motion was premature.

The court ordered the plaintiffs and the co-defendants to share Inneractive's costs equally due to the co-defendants' delay in clarifying the security arrangements.

The court also granted the plaintiffs' motion to schedule discoveries and awarded the plaintiffs costs for that motion.