Ventura et al v. Rutledge et al

Filing 16

ORDER GRANTING 15 Motion to Appoint Guardian Ad Litem ; ORDER GRANTING 14 Motion to File Second Amended Complaint, signed by District Judge Dale A. Drozd on 10/4/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA VENTURA, individually and on
behalf of the ESTATE OF OMAR
VENTURA,

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Plaintiff,
v.
OFFICER JENNIFER RUTLEDGE;
UNKNOWN POLICE OFFICERS; and
CITY OF PORTERVILLE,
CALIFORNIA,

No. 1:17-cv-00237-DAD-SKO

ORDER GRANTING LEAVE TO FILE
SECOND AMENDED COMPLAINT AND
APPOINTING GUARDIAN AD LITEM
(Doc. Nos. 14, 15)

Defendants.

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On October 3, 2017, the parties in this action filed a stipulation to grant plaintiffs leave to
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file a second amended complaint to add two additional plaintiffs, the children and heirs of the
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decedent, Omar Ventura: O.V. and J.V. (Doc. No. 14.) Plaintiffs have also separately filed a
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motion to appoint Maria Ventura as guardian ad litem for O.V. and J.V. (Doc. No. 15.)
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“District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c),

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to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177,
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1181 (9th Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or

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issue another appropriate order—to protect a minor or incompetent person who is unrepresented
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in an action.” Fed. R. Civ. P. 17(c)(2). Local Rule 202(a) of this court further states, in pertinent

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part:

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Upon commencement of an action or upon initial appearance in
defense of an action by or on behalf of a minor . . . the attorney
representing the minor or incompetent person shall present . . . a
motion for the appointment of a guardian ad litem by the Court, or .
. . a showing satisfactory to the Court that no such appointment is
necessary to ensure adequate representation of the minor or
incompetent person. See Fed. R. Civ. P. 17(c).

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The decision to appoint a guardian ad litem “must normally be left to the sound discretion of the

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trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986).

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Maria Ventura is the paternal grandmother to the minor children, O.V. and J.V. (Id. at 1,

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¶ 2.) She is a resident of Tulare County and the surviving mother of the decedent, Omar Ventura.

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Both O.V. and J.V. live in Tulare County with their mother, Martha Andrade who has consented

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to the appointment of Ms. Ventura as their guardian ad litem. (Id. at 1–2, ¶¶ 2, 3, 5.) Ms.

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Ventura avers that she has no interests adverse to the minors, is not a competing heir to the Estate

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of Omar Ventura, and that it would be administratively simpler to appoint a current plaintiff as

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the minor’s guardian ad litem than to add another party. (Id. at 2, ¶¶ 3–4.)

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Accordingly, finding good cause and for the reasons set forth above, the court will:

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1. In light of the parties’ stipulation, grant plaintiffs’ leave to file a second amended

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complaint to add O.V. and J.V. as plaintiffs in this action in accordance with Federal

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Rule of Civil Procedure 15(a)(2); and

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2. Grant plaintiffs’ motion (Doc. No. 15) to appoint Maria Ventura as guardian ad litem

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for O.V. and J.V.
IT IS SO ORDERED.
Dated:

October 4, 2017
UNITED STATES DISTRICT JUDGE

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