(PC) Dubrin et al v. Bonilla

Filing 111

ORDER GRANTING Application for Appointment of Guardian Ad Litem #106 , signed by Magistrate Judge Jennifer L. Thurston on 3/11/16: Jessica Lynne Bergreen appointed. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DUBRIN et al.,
Plaintiffs,

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v.

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MICHAEL STAINER, et al.,
Defendants.

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Case No.: 1:11-cv-01484 DAD JLT
ORDER GRANTING APPLICATION FOR
APPOINTMENT OF GUARIDAN AD LITEM
(Doc. 106)

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On March 7, 2016, Jessica Lynne Bergreen filed her application to be appointed the guardian

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ad litem for the child, Prissilla Anamarie Sanchez. (Doc. 106) Because the Court finds Ms. Bergreen

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to be an appropriate guardian ad litem, the petition is GRANTED.

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I.

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Appointment of a Guardian Ad Litem
Pursuant to the Federal Rules of Civil Procedure, “[a] minor . . . who does not have a duly

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appointed representative may sue by a next friend or by a guardian ad litem.” Fed. R. Civ. P. 17(c)(2).

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In addition, a court “must appoint a guardian ad litem - or issue another appropriate order - to protect a

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minor or incompetent person who is unrepresented in an action.” Id. The capacity of an individual to

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sue is determined “by the law of the individual’s domicile.” Fed. R. Civ. P. 17(b).

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Under California law, an individual under the age of eighteen is a minor, and a minor may

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bring suit only if a guardian conducts the proceedings. Cal. Fam. Code §§ 6502, 6601. The Court

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may appoint a guardian ad litem to represent the child’s interests. Cal. Code Civ. P. § 372(a).

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II.

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Discussion and Analysis
Here, the child is 14 years old. (Doc. 106 at 1) Thus, under California law, she is a minor. See

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Cal. Fam. Code § 6502. As a minor, her ability to pursue this action is contingent upon the

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appointment of a guardian ad litem. In determining whether to appoint a particular guardian ad litem,

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the court must consider whether the child and the guardian have divergent interests. Cal. Code Civ. P.

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§ 372(b)(1). “When there is a potential conflict between a perceived parental responsibility and an

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obligation to assist the court in achieving a just and speedy determination of the action, a court has the

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right to select a guardian ad litem who is not a parent if that guardian would best protect the child’s

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interests.” Williams v. Super. Ct., 147 Cal. App. 4th 36, 38 (Cal. Ct. App. 4th 2007) (internal quotation

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marks and citation omitted). “[I]f the parent has an actual or potential conflict of interest with his child,

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the parent has no right to control or influence the child's litigation.” Id. at 50.
Here, the arises out of claims of deprivation of constitutional rights suffered by the child’s

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father, who is now deceased. See Burke v. Smith, 252 F.3d 1260, 1264 (11th Cir. 2001) (“Generally,

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when a minor is represented by a parent who is a party to the lawsuit and who has the same interests as

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the child there is no inherent conflict of interest.”); see also Anthem Life Ins. Co. v. Olguin, 2007 U.S.

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Dist. LEXIS 37669, at *7 (E.D. Cal. May 9, 2007) (observing that “[a] parent is generally appointed

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guardian ad litem”). The proposed guardian ad litem is not a party to this case and has no claims on it.

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Thus, it does not appear there are adverse interests between the child and her proposed guardian ad

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litem.

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III.

Conclusion and Order

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The decision whether to appoint a guardian ad litem is “normally left to the sound discretion of

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the trial court.” United States v. 30.64 Acres of Land, etc., 795 F.2d 796, 804 (9th Cir. 1986). Here, it

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does not appear the proposed guardian has conflicting interests, and as such she may be appointed to

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represent the interests of the child. Therefore, the Court ORDERS:

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1.

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The motions for appointment of Jessica Lynne Bergreen as guardian ad litem for
Prissilla Anamarie Sanchez (Doc. 106) is GRANTED;

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Jessica Lynne Bergreen is appointed to act as guardian ad litem for Prissilla Anamarie
Sanchez and is authorized to prosecute this action on her behalf.

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IT IS SO ORDERED.
Dated:

March 11, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE