Rose v. Fresno Food Concept, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIFFANY FLETCHER as Guardian Ad ) Case No.: 1:22-cv-00180-AWI-BAM Litem for PATRICIA A. ROSE, ) 12 ) ORDER GRANTING PETITION FOR Plaintiff, ) APPOINTMENT OF GUARDIAN AD LITEM 13 ) v. ) (Doc. 3) 14 ) 15 FRESNO FOOD CONCEPT, INC. dba ) Perkos Café 187 Selma Food Co., MALIBU ) 16 FOOD CONCENT 101, INC. dba Seven Bar ) and Grill, ) 17 ) Defendants. ) 18 19 Currently before the Court is a petition seeking to appoint Tiffany Fletcher as guardian ad 20 litem for Plaintiff Patricia A. Rose, which was filed by counsel on February 11, 2022. (Doc. 3.) 21 Federal Rule of Civil Procedure 17 provides that “[t]he court must appoint a guardian ad 22 litem—or issue another appropriate order—to protect a minor or incompetent person who is 23 unrepresented in an action.” Fed. R. Civ. P. 17(c)(2). Rule 17(c) requires a district court to “take 24 whatever measures it deems proper to protect an incompetent person during litigation.” Davis v. 25 Walker, 745 F.3d 1303, 1311 (9th Cir. 2014) (quoting United States v. 30.64 Acres of Land, 795 F.2d 26 796, 805 (9th Cir. 1986)). 27 /// 28 /// 1 Local Rule 202(a) of this Court further states, in pertinent part: 2 Upon commencement of an action or upon initial appearance in defense of an action by 3 or on behalf of a minor or incompetent person, the attorney representing the minor or incompetent person shall present . . . a motion for the appointment of a guardian ad litem 4 by the Court, or . . . a showing satisfactory to the Court that no such appointment is 5 necessary to ensure adequate representation of the minor or incompetent person. 6 See L.R. 202(a). The decision to appoint a guardian ad litem “must normally be left to the 7 sound discretion of the trial court.” 30.64 Acres, 795 F.2d at 804. 8 Here, the petition requests that Tiffany Fletcher be appointed as guardian ad litem for her 9 mother, Plaintiff Patricia A. Rose.1 Plaintiff is over the age of 18 and is currently represented to be 10 incapacitated. Plaintiff reportedly has spent several weeks in an Intensive Care Unit and now has a 11 traumatic brain injury. The instant action is to “seek damages from when [Plaintiff] was 12 catastrophically injured when she fell.” (Doc. 3.) Tiffany Fletcher is characterized as demonstrating 13 the competency required to represent Plaintiff’s interests and she consents to act as guardian ad litem 14 in this action. (Id.) Additionally, but not dispositive, the petition indicates that Tiffany Fletcher has 15 Durable Power of Attorney and Healthcare Power of Attorney for Patricia A. Rose. The Court makes 16 no determination based on the two pages of what purport to be a Power of Attorney attached to the 17 petition. (Id. at 3-4.) 18 Based on the foregoing, and for good cause, IT IS HEREBY ORDERED that Tiffany Fletcher 19 is appointed in this action as guardian ad litem for Plaintiff Patricia A. Rose. 20 IT IS SO ORDERED. 21 22 Dated: March 17, 2022 /s/ Barbara A. McAuliffe _ 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 1 The petition identifies the Petitioner as “Natalee Rodriguez.” (Doc. 3 at 1.) However, this appears to 27 be an error as the petition seeks to appoint Tiffany Fletcher as guardian ad litem for Plaintiff Patricia A. Rose. There is no further reference to Natalee Rodriguez in the petition. She also is not identified in the underlying 28 complaint in this action. (See generally Docs. 1, 3.)