(a) The parents of an unmarried minor child, acting jointly, may maintain an action for injury to such child caused by the wrongful act or neglect of another. If either parent shall fail on demand to join as plaintiff in such action or is dead or cannot be found, then the other parent may maintain such action and the parent, if living, who does not join as plaintiff must be joined as a defendant and, before trial or hearing of any question of fact, must be served with summons either personally or by sending a copy of the summons and complaint by registered mail with proper postage prepaid, addressed to such parent’s last known address with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee shall create a rebuttable presumption that such summons and complaint have been duly served. In the absence of personal service or service by registered mail, as above provided, service may be made as provided in § 14106 of this Title and in GRCP Rule
3e. The respective rights of the parents to any award shall be determined by the court.

(b) A mother may maintain an action for such an injury to her illegitimate unmarried minor child. A guardian may maintain an action for such an injury to his ward.

(c) Any such action may be maintained against the person causing the injury, or if such person be dead, then against his personal representatives. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person or this personal representatives in case of his death. The death of the child or ward shall not abate the parents’ or guardians’ cause of action for his injury as to damages accruing before his death.

(d) In every action under this section, such damages may be given as under all of the circumstances of the case may be just; provided, that in any action maintained after the death of the child or ward, damages recoverable hereunder shall not include damages for pain, suffering or disfigurement nor punitive nor exemplary damages nor compensation for loss of prospective profits or earnings after the date of death.

COL4122017
7 Guam Code Ann. CIVIL PROCEDURE
CH. 12 PARTIES TO CIVIL ACTIONS

(e) If an action arising out of the same wrongful act or neglect may be maintained pursuant to § 12109 of this Chapter, for wrongful death of any child, the action authorized by this section shall be consolidated therewith for trial on motion of any interested party.

SOURCE: CCP § 376, amended by P.L. 15-61.

2017 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 Guam Code Ann. § 1606.

COMMENT: Where, as here, the Guam Legislature has specifically acted on a subject after the Rules of Civil Procedure have gone into effect, the Compiler presumes that this enactment will prevail over any Rule of Civil Procedure.

§12108.1. Public School Student: Standing to Sue.

(a) A public school student shall have a claim and standing to sue the government of Guam and any officer of the Executive Branch of the government of Guam in his official capacity only for the purpose of enjoining such officer from failing to provide an adequate public education to that public school student but not for money damages, provided that the student must exhaust the administrative process mandated by Title 17 Guam Code Ann., Chapter 11.

(b) No action shall lie under this Section until thirty (30) days, Saturdays, Sundays, and holidays excepted, after notice of the claim has been filed in the manner required by 5 Guam Code Ann. §§ 6101, 6103(b), (c) and (d),
6201, 6202, 6205 and 6207 with the Attorney General and the head of the department or agency against which the claim is to be made.

SOURCE: Added by P.L. 28-045:16, effective, October 1, 2007, per P.L.28-045:23. Subsection (a) amended by P.L. 29-019:VI:80 (Sept. 29, 2007).