Vasquez, et al v. County of Stanislaus
Filing
41
ORDER GRANTING 39 Petition to Appoint Jessica Santos as J.V.'s Guardian ad Litem signed by Magistrate Judge Stanley A. Boone on 2/18/2021. (Jessen, A)
1
2
3
4
5
6
7
8
9
10
11
UNITED STATES DISTRICT COURT
12
FOR THE EASTERN DISTRICT OF CALIFORNIA
13
14
15
16
17
)
)
)
)
)
)
)
)
)
)
)
RICARDO VASQUEZ, et al.,
Plaintiffs,
v.
COUNTY OF STANISLAUS, et al.,
18
Defendants.
19
Case No.: 1:19-cv-01610-AWI-SAB
ORDER GRANTING PETITION TO
APPOINT JESSICA SANTOS AS J.V.’S
GUARDIAN AD LITEM
(ECF No. 39)
20
21
On November 13, 2019, Ricardo Vasquez and R.V., a minor, filed a complaint
22
in this action.
23
litem for R.V. on November 25, 2019.
24
complaint was filed to correctly identify the name of the minor plaintiff to J.V., minor
25
R.V.’s younger brother. Along with the second amended complaint, a petition was
26
filed to appoint Jessica Santos as guardian ad litem for her minor son, J.V.
27
The minor’s mother, Jessica Santos, was appointed as guardian ad
On February 18, 2021, a second amended
Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of
28
1
1
2
3
4
5
6
7
8
9
10
11
12
13
an incompetent person may sue or defend on the incompetent person’s behalf. Fed. R.
Civ. P. 17(c). This requires the Court to take whatever measures it deems appropriate
to protect the interests of the individual during the litigation. United States v. 30.64
Acres of Land, More or Less, Situated in Klickitat Cty., State of Wash., 795 F.2d 796,
805 (9th Cir. 1986). The appointment of the guardian ad litem is more than a mere
formality. Id. “A guardian ad litem is authorized to act on behalf of his ward and
may make all appropriate decisions in the course of specific litigation.”
16
17
18
19
20
21
22
23
24
25
26
27
A
guardian ad litem need not possess any special qualifications, but he must “be truly
dedicated to the best interests of the person on whose behalf he seeks to litigate.”
AT&T Mobility, LLC v. Yeager, 143 F.Supp.3d 1042, 9 (E.D. Cal. 2015). This means
that the guardian ad litem cannot face an impermissible conflict of interest with the
ward and courts consider the candidate’s “experience, objectivity, and expertise” or
previous relationship with the ward. Id. (citations omitted).
14
15
Id.
“[W]hen a parent brings an action on behalf of a child, and it is evident that the
interests of each are the same, no need exists for someone other than the parent to
represent the child’s interests under Rule 17(c).” Gonzalez v. Reno, 86 F.Supp.2d
1167, 1185 (S.D. Fla.), aff’d sub nom. Gonzalez v. Reno, 212 F.3d 1338 (11th Cir.
2000).
While a parent is generally appointed as a guardian ad litem, there are
situations where the best interests of the minor and the interests of the parent conflict.
Anthem Life Ins. Co. v. Olguin, No. 1:06-CV-01165 AWI-NEW, 2007 WL 1390672,
at *2 (E.D. Cal. May 9, 2007). Therefore, a parent is not entitled as a matter of right
to act as guardian ad litem for the child. Id. at *2.
The Court has considered the petition of Jessica Santos for appointment as
guardian ad litem for J.V. who is the plaintiff in this action and finds that no conflict
that would preclude her serving as a guardian ad litem for J.V.
Accordingly, IT IS HEREBY ORDERED that:
1.
The petition to appoint Jessica Santos as J.V.’s guardian ad litem is GRANTED;
28
2
1
and
2
2.
Jessica Santos is appointed as guardian ad litem for minor Plaintiff J.V.
3
4
IT IS SO ORDERED.
5
Dated:
February 18, 2021
UNITED STATES MAGISTRATE JUDGE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?