Cantu v. Kings County ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ROGER CANTU, et al., Case No.: 1:20-cv-00538-NONE-SAB 9 Plaintiffs, ORDER GRANTING PETITION FOR 10 v. APPOINTMENT OF GUARDIAN AD LITEM 11 (ECF No. 2) KINGS COUNTY; et al., 12 Defendants. 13 14 15 Roger Cantu, Linda Brown, and G.C, a minor, filed this civil rights action pursuant to 42 16 U.S.C. § 1983 on April 15, 2020. Along with the complaint, a petition was filed seeking to have 17 Maryzol Jones, G.C.’s mother, appointed to act as guardian ad litem in the matter. 18 Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of an 19 incompetent person may sue or defend on the incompetent person’s behalf. Fed. R. Civ. P. 17(c). 20 This requires the Court to take whatever measures it deems appropriate to protect the interests of the 21 individual during the litigation. United States v. 30.64 Acres of Land, More or Less, Situated in 22 Klickitat Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). The appointment of the guardian 23 ad litem is more than a mere formality. Id. “A guardian ad litem is authorized to act on behalf of his 24 ward and may make all appropriate decisions in the course of specific litigation.” Id. A guardian ad 25 litem need not possess any special qualifications, but he must “be truly dedicated to the best interests 26 of the person on whose behalf he seeks to litigate.” AT&T Mobility, LLC v. Yeager, 143 F.Supp.3d 27 1042, 9 (E.D. Cal. 2015). This means that the guardian ad litem cannot face an impermissible conflict wOASe LOU UVM YOO INN PAI MIU I Ee OY Oe 1 | Jor previous relationship with the ward. Id. (citations omitted). 2 “[W]hen a parent brings an action on behalf of a child, and it is evident that the interests o 3 | }each are the same, no need exists for someone other than the parent to represent the child’s interest 4 | |under Rule 17(c).” Gonzalez v. Reno, 86 F.Supp.2d 1167, 1185 (S.D. Fla.), aff'd sub nom. Gonzale: 5 ||v. Reno, 212 F.3d 1338 (11th Cir. 2000). While a parent is generally appointed as a guardian a 6 | |litem, there are situations where the best interests of the minor and the interests of the parent conflict 7 |{Anthem Life Ins. Co. v. Olguin, No. 1:06-CV-01165 AWINEW, 2007 WL 1390672, at *2 (E.D. Cal 8 ||May 9, 2007). Therefore, a parent is not entitled as a matter of right to act as guardian ad litem fo 9 ||the child. Id., at *2. 10 The Court has considered the petition of Maryzol Jones for appointment as guardian ad liten + 11 ||for G.C. who is a minor plaintiff in this action and finds no conflict that would preclude her servin; 12 |/as a guardian ad litem for G.C. The Court finds that the appointment is both necessary □□□ 13 | |appropriate. = 14 Accordingly, IT IS HEREBY ORDERED, that Maryzol Jones is appointed as Guardian Ac 15 ||Litem for G.C. > ua 16 17 IT IS SO ORDERED. DAM Le 18 ||Dated: _April 16, 2020_ ef 9 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28