Garcia, et al. v. County of Kern, et al.

Filing 27

ORDER Appointing Guardian Ad Litem 22 , signed by District Judge Dale A. Drozd on 8/7/2018. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

VICTORIA GARCIA, an individual; and
N.R., a minor, by and through her
guardian,

13
14
15
16
17
18
19

Plaintiffs,

No. 1:18-cv-00369-DAD-JLT

ORDER APPOINTING GUARDIAN AD
LITEM

v.
(Doc. No. 22)
COUNTY OF KERN; KERN COUNTY
DEPARTMENT OF HUMAN SERVICES;
KERN COUNTY SHERIFF’S OFFICE;
STEPHANY ROSENOW, an individual;
RALPH LOMAS, an individual; and
DOES 1 through 100,
Defendants.

20
21

On June 22, 2018, David Brooks filed a petition to be appointed guardian ad litem for

22

plaintiff N.R. for purposes of this action. (Doc. No. 22.) A hearing on the motion was held on

23

August 7, 2018. Attorney Jomo K. Stewart appeared telephonically on behalf of plaintiffs, and

24

attorney Kathleen Rivera appeared telephonically on behalf of defendants.

25

“District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c),

26

to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177,

27

1181 (9th Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or

28

issue another appropriate order—to protect a minor or incompetent person who is unrepresented
1

1

in an action.” Fed. R. Civ. P. 17(c)(2). Local Rule 202(a) of this court further states, in pertinent

2

part:

3

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).

4
5
6
7

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

8

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

9

David Brooks petitions the court to appoint him as guardian ad litem to plaintiff N.R., a

10

minor born in 2011. (Doc. No. 22 at 1.) Mr. Brooks states that he is competent and responsible

11

to represent and protect the interests of plaintiff N.R. (Id. at 2.) At the hearing on this motion,

12

plaintiffs’ counsel further represented that Mr. Brooks is an attorney who serves as a child

13

advocate in juvenile dependency and juvenile delinquency cases, and has previously been

14

appointed as guardian ad litem in state court. Plaintiffs’ counsel also represented that Mr. Brooks

15

has no interests divergent to those of plaintiff N.R., and that N.R.’s mother and co-plaintiff in this

16

action, Victoria Garcia, has consented to Mr. Brooks’ appointment. Counsel for defendants,

17

moreover, expressed no opposition to Mr. Brooks’ appointment.

18
19
20

Finding good cause, the court grants the petition (Doc. No. 22) and appoints David Brooks
guardian ad litem of minor plaintiff N.R.
IT IS SO ORDERED.

21
Dated:

August 7, 2018

22

UNITED STATES DISTRICT JUDGE

23
24
25
26
27
28
2