M.J.V. v. City of Avenal

Filing 13

ORDER Appointing Guardian ad Litem, signed by District Judge Dale A. Drozd on 12/30/18. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

M.J.V., individually and as successor-ininterest to decedent SERGIO VELASCO
MARTINEZ,

13

Plaintiff,

14
15
16
17

v.

No. 1: 18-cv-00863-DAD-EPG

ORDER APPOINTING GUARDIAN AD
LITEM
(Doc. No. 12)

CITY OF AVENAL, a municipal
corporation; and DOES 1-50, inclusive,
individually and in their official capacity as
police officers for the City of Avenal,
Defendants.

18
19

On December 21, 2018, Lidio Jacinto filed a petition to be appointed guardian ad litem for

20
21

plaintiff M.J.V. for purposes of this action. (Doc. No. 12.)

22

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

23

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

24

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

25

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

26

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

27

part:

28

Upon commencement of an action or upon initial appearance in
defense of an action by or on behalf of a minor . . . the attorney
1

1

3

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

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

5

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

2

6

Lidia Jacinto petitions the court to appoint her as guardian ad litem to her child, plaintiff

7

M.J.V., a minor child under the age of eighteen. Petitioner states that she is the biological mother

8

to plaintiff M.J.V., and that she is competent and willing to represent and protect the interests of

9

plaintiff M.J.V. Finding good cause, the court grants the petition (Doc. No. 12) and appoints

10

Lidia Jacinto guardian ad litem of M.J.V., a minor and plaintiff in this action.

11

IT IS SO ORDERED.

12
13

Dated:

December 30, 2018
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2