Carefoot et al v. County of Kern et al

Filing 9

ORDER GRANTING 3 Motion to Appoint Priscilla Carefoot as Guardian ad Litem ad Litem for Minor Plaintiff J.H., signed by Magistrate Judge Jennifer L. Thurston on 4/5/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PRISCILLA CAREFOOT, et al.,

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Plaintiffs,

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v.
COUNTY OF KERN, et al.,

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Defendants.

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Case No.: 1:17-cv-00456 AWI JLT
ORDER GRANTING THE MOTION TO APPOINT
PRISCILLA CAREFOOT AS GUARDIAN AD
LITEM FOR MINOR PLAINTIFF J.H.
(Doc. 3)

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On March 29, 2017, Priscilla Carefoot initiated this an her own behalf and on behalf of the

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minor child, J.H. (Doc. 1) She is the mother of J.H. and seeks to be appointed as the child’s guardian

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ad litem. (Doc. 3)

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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 J.H. resides in California (Doc. 1), the law of this state governs. Under California

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

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

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J.H. is the three-year-old child of Priscilla Carefoot (Doc. 3 at 2), and is a minor under

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California law. See Cal. Fam. Code § 6502. As a minor, J.H.’s ability to bring suit is contingent upon

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the appointment of a guardian ad litem. Upon review of the complaint, it does not appear Ms.

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Carefoot has any adverse interests to those of the child. Though she is seeking damages in this case for

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herself and for the child, the damages sought are unique to each plaintiff. Accordingly, appointment

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of Ms. Carefoot as guardian ad litem for her child is appropriate. See Burke v. Smith, 252 F.3d 1260,

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1264 (11th Cir. 2001) (“Generally, when a minor is represented by a parent who is a party to the

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lawsuit and who has the same interests as the child there is no inherent conflict of interest.”); see also

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Anthem Life Ins. Co. v. Olguin, 2007 U.S. Dist. LEXIS 37669, at *7 (E.D. Cal. May 9, 2007)

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(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 Ms. Carefoot has conflicting interests, and as such she may be appointed to represent

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the interests of her child. Therefore, the Court is acting within its discretion to grant her application to

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

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1.

The motion for appointment of Priscilla Carefoot as guardian ad litem for J.H. (Doc. 3)
is GRANTED; and
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2.

Priscilla Carefoot is appointed to act as guardian ad litem for J.H., and is authorized to
prosecute this action on the child’s behalf.

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IT IS SO ORDERED.
Dated:

April 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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