(SS) Martinez v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 J.E.S, Case No. 1:21-cv-00784-SAB 12 Plaintiff, ORDER GRANTING PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM 13 v. (ECF No. 3) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 On May 14, 2021, a complaint in this action was filed along with a petition for 18 appointment as a guardian ad litem for J.E.S., a minor. Katrina M. Martinez, who is J.E.S’s 19 mother and has custody of him, seeks to be appointed as guardian ad litem for J.E.S. 20 Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of an 21 incompetent person may sue or defend on the incompetent person’s behalf. Fed. R. Civ. P. 17(c). 22 This requires the Court to take whatever measures it deems appropriate to protect the interests of 23 the individual during the litigation. United States v. 30.64 Acres of Land, More or Less, Situated 24 in Klickitat Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). The appointment of the 25 guardian ad litem is more than a mere formality. Id. “A guardian ad litem is authorized to act on 26 behalf of his ward and may make all appropriate decisions in the course of specific litigation.” Id. 27 A guardian ad litem need not possess any special qualifications, but he must “be truly dedicated 28 1 | to the best interests of the person on whose behalf he seeks to litigate.” AT&T Mobility, LLC v. 2 | Yeager, 143 F.Supp.3d 1042, 9 (E.D. Cal. 2015). This means that the guardian ad litem cannot 3 | face an impermissible conflict of interest with the ward and courts consider the candidate’s 4 | “experience, objectivity, and expertise” or previous relationship with the ward. Id. (citations 5 | omitted). 6 “(When a parent brings an action on behalf of a child, and it is evident that the interests 7 | of each are the same, no need exists for someone other than the parent to represent the child’s 8 | interests under Rule 17(c).” Gonzalez v. Reno, 86 F.Supp.2d 1167, 1185 (S.D. Fla.), aff'd sub 9 | nom. Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000). While a parent is generally appointed as 10 | a guardian ad litem, there are situations where the best interests of the minor and the interests of 11 | the parent conflict. Anthem Life Ins. Co. v. Olguin, No. 1:06-CV-01165 AWINEW, 2007 WL 12 | 1390672, at *2 (E.D. Cal. May 9, 2007). Therefore, a parent is not entitled as a matter of right to 13 act as guardian ad litem for the child. Id., at *2. 14 The Court has considered the petition of Katrina M. Martinez for appointment as 15 | Guardian Ad Litem for J.E.S. who is the plaintiff in this action and finds that no conflict that 16 | would preclude her serving as a guardian ad litem for J.E.S. The Court finds that the appointment 17 | is both necessary and appropriate. 18 Accordingly, IT IS HEREBY ORDERED, that Katrina M. Martinez is appointed as 19 | Guardian Ad Litem for J.E.S. 20 IT IS SO ORDERED. OF. nf ee 22 | Dated: _May 17, 2021 _ OO 33 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28