R.F. vs Delano Union School District

Filing 8

ORDER GRANTING 2 Motion to Appoint Sean Frankel as Guardian ad Litem for Minor Plaintiff R.F., signed by Magistrate Judge Jennifer L. Thurston on 12/1/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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R.F.,

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Plaintiff,

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v.
TEHACHAPI UNIFIED SCHOOL
DISTRICT,

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Defendant.

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Case No.: 1:16-cv-01796 - LJO - JLT
ORDER GRANTING THE MOTION TO APPOINT
SEAN FRANKEL AS GUARDIAN AD LITEM
FOR MINOR PLAINTIFF R.F.
(Doc. 2)

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On November 28, 2016, Sean Frankel initiated this action on behalf of the minor R.F., his son,

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and requested to be appointed as the guardian ad litem. (Docs. 1, 2)

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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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Because R.F. resides in California, the law of this state governs. Under California law, an

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individual under the age of eighteen is a minor, and a minor may bring suit as long as a guardian

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conducts the proceedings. Cal. Fam. Code §§ 6502, 6601. A guardian ad litem may be appointed to

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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.

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Plaintiff R.F. is the twelve-year-old son of Sean Frankel (Doc. 2 at 3, Frankel Decl. ¶ 1), and is

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a minor under California law. See Cal. Fam. Code § 6502. As a minor, R.F.’s ability to bring suit is

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contingent upon the appointment of a guardian ad litem. Upon review of the complaint, it does not

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appear Mr. Frankel has any adverse interests to those of his son. Mr. Frankel does not have competing

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claims with Plaintiff, because R.F. is the only plaintiff in this action, and the only claims are asserted

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on his behalf. Accordingly, appointment of Mr. Frankel as guardian ad litem for his son is

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

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represented by a parent who is a party to the lawsuit and who has the same interests as the child there

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

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37669, at *7 (E.D. Cal. May 9, 2007) (observing that “[a] parent is generally appointed 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 Mr. Frankel has conflicting interests, and as such he may be appointed to represent the

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interests of his son. Therefore, the Court is acting within its discretion to grant his application to be

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appointed as the guardian ad litem. Thus, the Court ORDERS:

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1.

The motion for appointment of Sean Frankel as guardian ad litem for R.F. (Doc. 2) is
GRANTED; and
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2.

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Sean Frankel is appointed to act as guardian ad litem for Plaintiff R.F., and is
authorized to prosecute this action on his behalf.

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IT IS SO ORDERED.
Dated:

December 1, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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