(SS) Gonzales v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASMINE MONIQUE GONZALES, Case No. 1:19-cv-01128-SAB 12 Plaintiff, ORDER GRANTING PETITION FOR 13 v. APPOINTMENT OF GUARDIAN AD LITEM 14 CITY OF MADERA, (ECF No. 21) 15 Defendant. 16 17 On August 13, 2020, a petition for appointment of Paul Rosas Gonzales, as a guardian ad 18 litem for Jasmine M. Gonzales (“Plaintiff”), a minor. Mr. Gonzales is the father of Plaintiff. 19 Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of an 20 incompetent person may sue or defend on the incompetent person’s behalf. Fed. R. Civ. P. 17(c). 21 This requires the Court to take whatever measures it deems appropriate to protect the interests of 22 the individual during the litigation. United States v. 30.64 Acres of Land, More or Less, Situated 23 in Klickitat Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). The appointment of the 24 guardian ad litem is more than a mere formality. Id. “A guardian ad litem is authorized to act on 25 behalf of his ward and may make all appropriate decisions in the course of specific litigation.” Id. 26 A guardian ad litem need not possess any special qualifications, but he must “be truly dedicated 27 to the best interests of the person on whose behalf he seeks to litigate.” AT&T Mobility, LLC v. 28 Yeager, 143 F.Supp.3d 1042, 9 (E.D. Cal. 2015). This means that the guardian ad litem cannot wOoe 4:40 VV YEADON VORP tHe PT ove 1 | face an impermissible conflict of interest with the ward and courts consider the candidate’s 2 | “experience, objectivity, and expertise” or previous relationship with the ward. Id. (citations 3 | omitted). 4 “[W hen a parent brings an action on behalf of a child, and it is evident that the interests 5 | of each are the same, no need exists for someone other than the parent to represent the child’s 6 || interests under Rule 17(c).” Gonzalez v. Reno, 86 F.Supp.2d 1167, 1185 (S.D. Fla.), aff'd sub 7 | nom. Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000). While a parent is generally appointed as 8 | a guardian ad litem, there are situations where the best interests of the minor and the interests of 9 | the parent conflict. Anthem Life Ins. Co. v. Olguin, No. 1:06-CV-01165 AWINEW, 2007 WL 10 | 1390672, at *2 (E.D. Cal. May 9, 2007). Therefore, a parent is not entitled as a matter of right to 11 | act as guardian ad litem for the child. Id., at *2. 12 The Court has considered the petition of Paul Rosas Gonzales for appointment as guardian 13 | ad litem for Jasmine M. Gonzales who is the plaintiff in this action and finds that no conflict that 14 | would preclude him serving as a guardian ad litem for Paul Rosas Gonzales. The Court finds that 15 | the appointment is both necessary and appropriate. 16 Accordingly, IT IS HEREBY ORDERED, that Paul Rosas Gonzales is appointed as 17 | Guardian Ad Litem for Jasmine M. Gonzales. 18 19 IT IS SO ORDERED. OF. nf ee 20 | Dated: _August 13, 2020 _ ef UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28