Perez et al v. City Of Fresno et al

Filing 7

ORDER GRANTING Petition for the Appointment of a Guardian Ad Litem 2 , signed by Magistrate Judge Erica P. Grosjean on 1/26/2018. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PEREZ, individually, CECILIA
PEREZ, individually, TERRALEE PEREZ,
individually and as successor in interest to
Joseph Perez, JOSEPH PEREZ, JR.,
individually and as successor in interest to
Joseph Perez, and X.P., a minor, by and
through his Guardian ad litem, MICHELLE
PEREZ, individually and as successor in
interest to Joseph Perez ,

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Case No.: 1:18-cv-00127-AWI-EPG
ORDER GRANTING PETITION FOR THE
APPOINTMENT OF A GUARDIAN AD LITEM
(ECF No. 2)

Plaintiffs,

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v.
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CITY OF FRESNO, COUNTY OF FRESNO,
JAMES ROSSETTI, an individual, SEAN
CALVERT, an individual, CHRIS
MARTINEZ, an individual, BRAITHAN
STOLTENBERG, an individual, ROBERT
MCEWEN, an individual, KARLSON
MANASAN, an individual, JIMMY
ROBNETT, an individual, and DOES 1-10,
inclusive,

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Defendants.

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On January 23, 2018, Plaintiff X.P., a sixteen-year-old minor, by and through his guardian ad

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litem Michelle Perez, individually and as successor in interest to Joseph Perez, submitted a petition for

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the appointment of a guardian ad litem in conjunction with the commencement of this action. (ECF

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No. 2). Plaintiff X.P. seeks to have the Court appoint his paternal aunt, Michelle Perez, as guardian ad
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litem. Michelle Perez alleges that she is fully competent and responsible to act as her nephew’s

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guardian and to prosecute the action on his behalf.

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Rule 17 of the Federal Rules of Civil Procedures provides that “[t]he court must appoint a

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guardian ad litem--or issue another appropriate order--to protect a minor or incompetent person who is

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unrepresented in an action.” Fed. R. Civ. P. 17(c)(2).

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Local Rule 202(a) of this Court further states, in pertinent part:
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.
“The decision to appoint a guardian ad litem under Rule 17(c) is normally left to the sound
discretion of the trial court.” Davis v. Walker, 745 F.3d 1303, 1310 (9th Cir. 2014) (citing United

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States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986)).
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Upon review of the application, the Petition of Michelle Perez to be Appointed Guardian ad
litem for Minor, X.P. (ECF No. 2), is GRANTED.
IT IS SO ORDERED.

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Dated:

January 26, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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