Rosedale Union School District v. J.F., et al.

Filing 11

ORDER GRANTING 8 the Motion to Appoint Jennifer Feige as Guardian ad Litem for J.F., signed by Magistrate Judge Jennifer L. Thurston on 2/11/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSEDALE UNION SCHOOL DISTRICT, )
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Plaintiff,
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v.
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J.F., a minor, by and through BRADLEY
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FEIGE and JENNIFER FEIGE,
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Defendant.
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AND RELATED CROSS ACTION
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Case No.: 1:16-cv-00147 --- JLT
ORDER GRANTING THE MOTION TO APPOINT
JENNIFER FEIGE AS GUARDIAN AD LITEM
FOR J.F.
(Doc. 8)

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On February 11, 2016, Jennifer Feige filed her applications to be appointed the guardian ad

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litem from the child, J.F. (Doc. 8) Because the Court finds Ms. Feige to be an appropriate guardian ad

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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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Here, the child resides in California (Doc. 8 at 2) and the law of the state governs. Under

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California law, an individual under the age of eighteen is a minor, and a minor may bring suit only if a

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guardian conducts the proceedings. Cal. Fam. Code §§ 6502, 6601. The Court may appoint a

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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, J.F. is a 3-year-old. (Doc. 8 at 2) Thus, under California law, he is a minor. See Cal. Fam.

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Code § 6502. As a minor, his ability to pursue this action is contingent upon the appointment of a

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guardian ad litem. In determining whether to appoint a particular guardian ad litem, the court must

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consider whether the child and the guardian have divergent interests. Cal. Code Civ. P. § 372(b)(1).

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“When there is a potential conflict between a perceived parental responsibility and an obligation to

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

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a guardian ad litem who is not a parent if that guardian would best protect the child’s interests.”

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

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

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has no right to control or influence the child's litigation.” Id. at 50.

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Here, the case raises issues related to the appropriate educational opportunities for the child. 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 that “[a] parent is generally appointed guardian ad litem”). Thus, it

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does not appear there are adverse interests between the child and his proposed guardian ad 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 children. Therefore, the Court is acting within its discretion to grant the

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application.

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Based upon the foregoing, IT IS HEREBY ORDERED:
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The motions for appointment of Jennifer Feige as guardian ad litem for J.F. (Doc. 8) is
GRANTED;

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Jennifer Feige is appointed to act as guardian ad litem for J.F.. and is authorized to
prosecute this action on his behalf.

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IT IS SO ORDERED.
Dated:

February 11, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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