Ledesma, et al. v. Kern County, et al.

Filing 41

ORDER GRANTING #35 the Motion to Appoint Raquel Sierra as the Guardian ad Litem for Minor Plaintiff M.L., signed by Magistrate Judge Jennifer L. Thurston on 6/22/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADRIANA LEDESMA, et al.,
Plaintiffs,

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v.
COUNTY OF KERN, et al.,
Defendants.

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Case No.: 1:14-cv-01634 - LJO - JLT
ORDER GRANTING THE MOTION TO APPOINT
RAQUEL SIERRA AS THE GUARDIAN AD LITEM
FOR MINOR PLAINTIFF M.L.
(Doc. 35)

“A minor . . . who does not have a duly appointed representative may sue by a next friend or by

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a guardian ad litem.” Fed. R. Civ. P. 17(c)(2). In addition, a court “must appoint a guardian ad litem -

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or issue another appropriate order - to protect a minor or incompetent person who is unrepresented in

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an action.” Id. The law of the state of California determines whether a guardian ad litem may be

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appointed in this matter. See Fed. R. Civ. P. 17(b).

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Pursuant to California law, a minor may bring suit as long as a guardian conducts the

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proceedings. Cal. Fam. Code §§ 6502, 6601. In determining whether to appoint a particular guardian

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ad litem, the Court must consider whether the minor and the guardian have divergent interests. Cal.

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Code Civ. P. § 372(b)(1).

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Here, Raquel Sierra clarifies she is the mother of the child, M.L. and that she seeks to act as the

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guardian ad litem in this proceeding. (Doc. 40 at 3) The complaint does not reveal any adverse

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interests between Ms. Sierra and the child and Ms. Sierra attests that she has no adverse interests. Id.
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As a result, it appears, Ms. Sierra’s appointment as guardian ad litem for her child is appropriate. See

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Burke v. Smith, 252 F.3d 1260, 1264 (11th Cir. 2001) (“Generally, when a minor is represented by a

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parent who is a party to the lawsuit and who has the same interests as the child there is no inherent

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conflict of interest.”); see also Anthem Life Ins. Co. v. Olguin, 2007 U.S. Dist. LEXIS 37669, at *7

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(E.D. Cal. May 9, 2007) (observing “[a] parent is generally appointed guardian ad litem”). Therefore,

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the Court is acting within its discretion to approve the appointment of Ms. Sierra as the guardian ad

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litem. See United States v. 30.64 Acres of Land, etc., 795 F.2d 796, 804 (9th Cir. 1986)

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Based upon the foregoing, IT IS HEREBY ORDERED:

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(Doc. 35) is GRANTED; and

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The motion for appointment of Raquel Sierra as guardian ad litem for Plaintiff M.L.

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Raquel Sierra is APPOINTED to act as guardian ad litem for Plaintiff M.L., and is
authorized to prosecute this action on the child’s behalf.

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IT IS SO ORDERED.
Dated:

June 22, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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