Hanna v. County of Fresno et al

Filing 68

ORDER GRANTING 67 Motion by Kathy Henderson to Withdraw as Guardian Ad Litem, signed by Magistrate Judge Sheila K. Oberto on 7/1/2015. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOMINIC HANNA,
Plaintiff,

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Case No. 1:14-cv-00142-LJO-SKO
ORDER GRANTING MOTION TO
WITHDRAW AS GUARDIAN AD LITEM

v.
(Doc. 67)

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FRESNO COUNTY, et al.,

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Defendants.
_____________________________________/

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On February 6, 2014, the Court granted a petition to appoint Kathy Henderson as guardian

17 ad litem for Plaintiff Dominic Hanna, her legally separated spouse. (Doc. 6.) At the time of the
18 appointment, Plaintiff Hanna was a patient at Napa State Hospital. (Doc. 67.) Since that time,
19 Plaintiff Hanna has been discharged from the hospital and is back to state custody. (Doc. 67.)
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On February 4, 2015, the Court issued an Order Staying Litigation pending the outcome of

21 the Fresno County Superior Court’s determination of Plaintiff Hanna’s competence to stand trial.
22 (Doc. 56.) On April 16, 2015, the Superior Court determined Plaintiff Hanna is competent to
23 stand trial in his pending criminal case, People v. Hanna, Fresno County Superior Court,
24 F12900449. (Doc. 67.) The Superior Court reinstated criminal proceedings and on May 13, 2015,
25 this Court ordered the stay of litigation in the civil case lifted. (Docs. 57; 58; 67.)
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As a consequence of the above described events, Plaintiff Hanna is no longer in need of a

27 guardian ad litem for purposes of the civil case. (Doc. 67.) Ms. Henderson has requested that the
28 Court terminate her appointment as Plaintiff Hanna’s guardian ad litem. (Doc. 67.)

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Plaintiff Hanna has been found to be competent to stand trial by the Fresno County

2 Superior Court. Because Plaintiff Hanna is competent to make his own legal decisions, a guardian
3 ad litem is no longer necessary to protect his interests in the civil case. See Fed. R. Civ. P.
4 17(c)(2)1; Golin v. Allenby, 190 Cal. App. 4th 616, 644 (2010) (a guardian ad litem is appointed
5 “to protect [an] incompetent person’s rights in the action,” and is granted the authority “to control
6 the litigation, to compromise or settle, to direct the procedural steps, and make stipulations” on the
7 incompetent person’s behalf). Ms. Henderson’s petition to withdraw as guardian ad litem will be
8 granted and her status as guardian ad litem will be terminated.
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Accordingly, IT IS HEREBY ORDERED that the petition by Kathy Henderson to

10 withdraw as guardian ad litem is GRANTED.
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IT IS SO ORDERED.
Dated:

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July 1, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Under Federal Rule of Civil Procedure 17(c)(2), “[a] minor or incompetent person who does not have a duly
appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad
litem – or issue another appropriate order – to protect a minor or incompetent person who is unrepresented in an
action.”

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