Francisco E. Campos, Jr. and Lualhati N. Campos - Page 5

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               defend in the Court on behalf of the * * * incompetent                 
               person.  An * * * incompetent person who does not have                 
               a duly appointed representative may act by a next                      
               friend * * *                                                           
               Pursuant to Rule 60(c), we first look to California law to             
          determine whether Mr. Campos possesses the requisite capacity to            
          engage in litigation before the Court.2  See Neilson v. Colgate-            
          Palmolive Co., 199 F.3d 642, 656-657 (2d Cir. 1999); Thomas v.              
          Humfield, 916 F.2d 1032, 1034-1035 (5th Cir. 1990).  California             
          Probate Code section 1801(a) (West 2002), provides that a                   
          conservator of a person may be appointed if a person is unable to           
          provide properly for his or her personal needs for physical                 
          health, food, clothing, or shelter.  California Probate Code                
          section 1801(b) (West 2002), provides that a conservator of the             
          estate may be appointed for a person who is substantially unable            
          to manage his or her own financial resources or resist fraud or             
          undue influence.                                                            
               We are satisfied on the record presented that Mr. Campos is            
          unable to provide for his personal needs for physical health and            
          is unable to manage his own financial affairs within the meaning            
          of California Probate Code section 1801(a) and (b) (West 2002).             
          Because Mr. Campos would qualify for the appointment of a                   

               2  The petition reflects a mailing address for Mr. Campos of           
          ICU Coronado Hospital, San Diego, Cal., and a mailing address for           
          Mrs. Campos of 1617 Ginsberg Court, San Diego, Cal.                         

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