Letitia Lee

The applicant, residing in a long-term care facility, sought equalization of family property following a divorce.

A motion was brought on his behalf to declare him a 'special party' under the Family Law Rules due to mental incapacity and to appoint his daughter as his litigation guardian.

The respondent opposed the motion, questioning the medical evidence and the daughter's suitability.

The court found the uncontested medical evidence from the applicant's treating physician sufficient to establish incapacity.

The court granted the motion, declaring the applicant a special party and appointing his daughter as litigation guardian.

The moving defendants brought a motion to discharge a certificate of pending litigation (CPL) obtained ex parte by the plaintiffs.

The defendants argued the plaintiffs failed to make full and fair disclosure of material facts as required by Rule 39.01(6).

The court reviewed the record and found that the plaintiffs had complied with their disclosure obligations, noting that the alleged misrepresentations were actually triable issues regarding the interpretation of agreements and personal liability.

The motion to discharge the CPL was dismissed.