The defendants brought a motion to dismiss the action by the minor plaintiffs due to the litigation guardian's failure to appoint new counsel, as required by a previous court order and the Rules of Civil Procedure.
The litigation guardian, who was self-represented for his personal claim, had not retained a lawyer for the minor plaintiffs despite over a year passing since the previous lawyers were removed from the record.
The court found insufficient evidence of diligent efforts to find counsel and emphasized the mandatory requirement for a litigation guardian to be represented by a lawyer.
The motion was granted, dismissing the minor plaintiffs' claims.