govinfo:USCOURTS-caed-1_22-cv-00921-6

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JOHN L. BURRIS Esq., SBN 69888 
BENJAMIN NISENBAUM, Esq., SBN 222173 
JAMES COOK Esq., SBN 300212 
LAW OFFICES OF JOHN L. BURRIS 
Airport Corporate Centre 
7677 Oakport Street, Suite 1120 
Oakland, California 94621 
Telephone: (510) 839-5200 
Facsimile: (510) 839-3882 
john.burris@johnburrislaw.com 
bnisenbaum@gmail.com 
james.cook@johnburrislaw.com 
 
Attorneys for Plaintiffs 
 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
BRITTONI ESTRELLA, et al., 
Plaintiffs, 
v. 
CITY OF MODESTO, et al., 
Defendants. 
No. 1:22-cv-0921-MCE-JDP 
PETITION AND PROPOSED ORDER TO 
APPOINT TERESA CLUTTER AS 
GUARDIAN AD LITEM FOR MINOR 
PLAINTIFFS P.C., A.C., AND J.C. 
NOTICE OF MOTION 
PLEASE TAKE NOTICE THAT Plaintiffs by and through their attorneys, move this 
Court, for an order to appoint Teresa Clutter as Guardian ad Litem for Minor Plaintiffs P.C., 
A.C., and J.C. 
PETITION TO APPOINT GUARDIAN AD LITEM 
Petitioner, Teresa Clutter, respectfully represents: 
1. I am the grandmother and legal guardian to Minor Plaintiffs , 
, and , (hereinafter P.C., A.C., and J.C.). 

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2. Decedent BRITTONI ESTRELLA was the mother of Minor Plaintiffs P.C., A.C., 
and J.C. Decedent, PAUL CHAVEZ, JR., was the father of Minor Plaintiffs P.C., A.C., and J.C. 
3. Minor Plaintiff P.C. was born on , 2014 and is presently 10 years old. 
Minor Plaintiff A.C. was born on 2015 and is presently 8 years old. Minor Plaintiff 
J.C. was born on , 2017 and is presently 7 years old. 
4. Minor Plaintiffs P.C., A.C., and J.C. have causes of action against the named 
defendants herein on which a lawsuit was brought in this court for violation of civil rights under 
Federal statutes. 
5. Plaintiffs’ causes of action arise out of an incident which occurred on July 14, 
2022, in which Minor Plaintiffs’ father, PAUL CHAVEZ, JR. died during an incident with City 
of Modesto Police Department Officers. 
6. BRITTONI ESTRELLA was the guardian of Minor Plaintiffs P.C., A.C., and J.C., 
and previously acted as the Guardian ad Litem of the minor plaintiff’s until the date of her death 
on May 17, 2024. 
7. Here, petitioner is willing to serve as the minors’ Guardian Ad Litem in place of 
the minor plaintiffs previous guardian. Petitioner is fully competent to understand and protect the 
rights of the minors. Petitioner has no interest adverse to that of the minors because Petitioner is 
not a party to this matter. Further, their interests concerning liability are totally aligned, and their 
interests concerning damages totally align as well. The measure of damages is individual to 
Petitioner and minor plaintiff, with any amount awarded to one not impacting the amount 
awarded to the other, and also coincide, where the nature of the family relationships advance each 
others’ interests, as opposed to being adverse to each other’s interests. As the children’s 
grandmother, Petitioner is also the best person to act in the interest of the minors. 
8. Petitioner requests that she be appointed guardian ad litem for Minor Plaintiffs 
P.C., A.C., and J.C. to prosecute the above-described causes of action on behalf of Minor 
Plaintiffs P.C., A.C., and J.C., and for such other relief as the Court may deem just and proper. 
9. This petition was prepared by the Law Offices of John L. Burris, the lead counsel 
representing plaintiffs in this action. Benjamin Nisenbaum, Esq. of Law Offices of John L. Burris 

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also represents Plaintiffs and is in agreement with the terms of this Petition. John L. Burris, Esq., 
Benjamin Nisenbaum, Esq., and James Cook Esq., hereby represent to the Court that they became 
involved in this case at the request of plaintiffs, and have not received, and do not expect to 
receive any compensation for their services in connection with this action from any person other 
than the parties whom they represent in this action. 
I declare under penalty of perjury under the laws of the State of California that the 
foregoing is true and correct of my personal knowledge, except where stated on information and 
belief, and to those matters I am informed and believe them to be true. If called as a witness, I 
would competently testify to those matters stated herein. 
Executed on June 3, 2024 at Oakland, California 
 
 
/s/ Teresa Clutter 
Teresa Clutter, 
Guardian to Minor Plaintiffs P.C., A.C., and J.C. 
 
DATED: June 3, 2024 LAW OFFICES OF JOHN L. BURRIS 
 
 
 
By: /s/ Benjamin Nisenbaum 
JOHN BURRIS 
BENJAMIN NISENBAUM 
JAMES A. COOK 
Attorneys for Plaintiffs 
 
[PROPOSED] ORDER 
 GOOD CAUSE APPEARING, The Court hereby appoints Teresa Clutter as Guardian ad 
Litem for Minor Plaintiffs P.C., A.C., and J.C. 
IT IS SO ORDERED. 
 
DATED: _____________________ _______________________________ 
 Honorable Morrison C. England, Jr 
United States Senior District Judge 
06/24/2024

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