Monte Wilson, et al vs City of Bakersfield, et al

Filing 6

ORDER GRANTING 3 the Petition to Appoint Monte Wilson as Guardian ad Litem for Minor Plaintiffs, signed by Magistrate Judge Jennifer L. Thurston on 3/22/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONTE WILSON, et al.,

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Plaintiffs,

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v.
CITY OF BAKERSFIELD, et al.,

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Defendants.

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Case No.: 1:16-cv-00387 LJO JLT
ORDER GRANTING THE PETITION TO
APPOINT MONTE WILSON AS GUARDIAN AD
LITEM FOR MINOR PLAINTIFFS
(Doc. 3)

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On March 18, 2016, Monte WIlson initiated this action on behalf his own behalf as well as on

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behalf of his three children, all with the same initials of “M.W.” (Doc. 1) Mr. Wilson seeks to be

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appointed as the guardian ad litem for the children. (Doc. ) Because the Court finds Mr. Wilson to be

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an appropriate guardian ad litem, the request 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, all three children reside in California (Doc. 3 at 2) so 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 file a lawsuit only
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as long as a guardian conducts the proceedings. Cal. Fam. Code §§ 6502, 6601. A guardian ad litem

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may be appointed to represent the minor’s interests. Cal. Code Civ. P. § 372(a).

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II.

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Discussion and Analysis
In determining whether to appoint a particular guardian ad litem, the court must consider

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whether the minor and the guardian have divergent interests. Cal. Code Civ. P. § 372(b)(1). “When

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there is a potential conflict between a perceived parental responsibility and an obligation to assist the

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

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

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

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omitted). “[I]f the parent has an actual or potential conflict of interest with his child, the parent has no

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right to control or influence the child's litigation.” Id. at 50. Here, the juveniles are the children of

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Monte Wilson and all are under age 18. (Doc. 3 at 2) Thus, they are minors under the law and lack the

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capacity to sue absent appointment of a guardian ad litem. Cal. Fam. Code § 6502.

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The complaint in this action does not reveal any adverse interests between Mr. Wilson and his

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children. While the claims all stem from the arrest of Mr. Wilson and search of his property, it does

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not appear that resolution of the father’s claims would compete with the children’s claims.

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Accordingly, appointment of Mr. Wilson as guardian ad litem for his children 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 that “[a] parent is generally appointed 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 Mr. Wilson has conflicting interests, and as such he may be appointed to represent the

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interests of his children. Thus, based upon the foregoing, the Court ORDERS:

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The motion for appointment of Monte Wilson as guardian ad litem for M.W., M.W.,
and M.W. (Doc. 3) is GRANTED; and
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2.

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Monte Wilson IS APPOINTED to act as guardian ad litem for the children M.W.,
M.W., and M.W., and is authorized to prosecute this action on their behalf.

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IT IS SO ORDERED.
Dated:

March 22, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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