K.V. v. Commissioner of Social Security

Filing 8

ORDER GRANTING 4 Motion to Appoint Chong Vang as Guardian ad Litem for Minor Plaintiff K.V., signed by Magistrate Judge Jennifer L. Thurston on 2/8/2018. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

K.V., by and through his guardian ad litem
CHONG VANG,

12
Plaintiff,
13
v.
14
15

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

16

Defendant.

17

)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:18-cv-0168 - JLT
ORDER GRANTING MOTION TO APPOINT
CHONG VANG AS GUARDIAN AD LITEM FOR
MINOR PLAINTIFF K.V.
(Doc. 4)

On January 31, 2018, Chong Vang initiated this action on behalf of minor Plaintiff K.V.,

18
19

seeking judicial review of the decision to deny K.V.’s application for Social Security benefits. (Docs.

20

1, 4) Chong Vang seeks to be appointed as the guardian ad litem for K.V. For the reasons set forth

21

below, the request is GRANTED.

22

I.

23

Appointment of a Guardian Ad Litem
Pursuant to the Federal Rules of Civil Procedure, “[a] minor . . . who does not have a duly

24

appointed representative may sue by a next friend or by a guardian ad litem.” Fed. R. Civ. P. 17(c)(2).

25

In addition, a court “must appoint a guardian ad litem - or issue another appropriate order - to protect a

26

minor or incompetent person who is unrepresented in an action.” Id. The capacity of an individual to

27

sue is determined “by the law of the individual’s domicile.” Fed. R. Civ. P. 17(b). K.V. resides in

28

Fresno County, California (See Doc. 1 at 1), and the law of the state governs.
1

1

Under California law, an individual under the age of eighteen is a minor, and a minor may

2

bring suit as long as a guardian conducts the proceedings. Cal. Fam. Code §§ 6502, 6601. A guardian

3

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

4

determining whether to appoint a particular guardian ad litem, the court must consider whether the

5

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

6

potential conflict between a perceived parental responsibility and an obligation to assist the court in

7

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

8

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

9

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

10

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

11

control or influence the child's litigation.” Id. at 50.

12

II.

13

Discussion and Analysis
K.V. is the son of Chong Vang, and is a minor under California law. See Cal. Fam. Code §

14

6502. As a minor, his ability to bring suit is contingent upon appointment by the court of a guardian

15

ad litem. Upon review of the complaint, it does not appear the parent has adverse interests, because

16

K.V. is the only plaintiff in this action, and the only claims are asserted on his behalf. Accordingly,

17

appointment of Chong Vang as guardian ad litem is appropriate. See Burke v. Smith, 252 F.3d 1260,

18

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

19

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

20

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

21

(observing “[a] parent is generally appointed guardian ad litem”).

22

III.

Conclusion and Order

23

The decision whether to appoint a guardian ad litem is “normally left to the sound discretion of

24

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

25

does not appear Chong Vang has conflicting interests with K.V., and as such may be appointed to

26

represent the interests of the minor plaintiff. Therefore, the Court is acting within its discretion to

27

grant the application.

28

///
2

1

Based upon the foregoing, the Court ORDERS:

2

1.

3
4

The motion for appointment of Chong Vang guardian ad litem for K.V. (Doc. 4) is
GRANTED; and

2.

5

Chong Vang is appointed to act as guardian ad litem for Plaintiff K.V., and is
authorized to prosecute this action on his behalf.

6
7
8
9

IT IS SO ORDERED.
Dated:

February 8, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3