Anita Valladores et al v. Ashtree Apartments, LLC

Filing 18

ORDER GRANTING #17 Samantha Shepherd's Petition for Appointment of Guardian Ad Litem for her Minor Children E.J. and M.J., signed by Magistrate Judge Stanley A. Boone on 11/18/2020. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANITA VALLADORES, et al.,

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Case No. 1:20-cv-01155-DAD-SAB

Plaintiffs,
v.
ASHTREE APARTMENTS, LLC.,

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Defendant.

ORDER GRANTING SAMANTHA
SHEPHERD’S PETITION FOR APPOINTMENT
OF GUARDIAN AD LITEM FOR HER MINOR
CHILDREN E.J. AND M.J.
(ECF No. 17)

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On August 17, 2020, Anita Valladores and minors D.C. and K.C. filed a complaint in this

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action alleging violations of the Fair Housing Act of 1968, as amended, 42 U.S.C. §§ 3601 et seq.

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(ECF No. 2.). On August 19, 2020, the parties were ordered to file a petition for appointment of

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guardian ad litem for the minor plaintiffs. (ECF No. 8.) On August 31, 2020, an order issued

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granting Anita Valladores petition to be appointed guardian ad litem for her minor children.

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(ECF No. 10.)

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On October 27, 2020, Ashtree Apartments, LLC filed an answer to the complaint. (ECF

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No. 12.) A first amended complaint was filed on November 17, 2020 adding Samantha Shepherd

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and her minor children M.J. and E.J. as plaintiffs in this matter. (ECF No. 16.) Along with the

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amended complaint, a petition for appointment of Samantha Shepherd as a guardian ad litem for

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her minor children was filed. (ECF No. 17.)

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Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of an
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incompetent person may sue or defend on the incompetent person’s behalf. Fed. R. Civ. P. 17(c).

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This requires the Court to take whatever measures it deems appropriate to protect the interests of

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the individual during the litigation. United States v. 30.64 Acres of Land, More or Less, Situated

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in Klickitat Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). The appointment of the

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guardian ad litem is more than a mere formality. Id. “A guardian ad litem is authorized to act on

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behalf of his ward and may make all appropriate decisions in the course of specific litigation.” Id.

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A guardian ad litem need not possess any special qualifications, but he must “be truly dedicated

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to the best interests of the person on whose behalf he seeks to litigate.” AT&T Mobility, LLC v.

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Yeager, 143 F.Supp.3d 1042, 9 (E.D. Cal. 2015). This means that the guardian ad litem cannot

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face an impermissible conflict of interest with the ward and courts consider the candidate’s

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“experience, objectivity, and expertise” or previous relationship with the ward. Id. (citations

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omitted).

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“[W]hen a parent brings an action on behalf of a child, and it is evident that the interests

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of each are the same, no need exists for someone other than the parent to represent the child’s

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interests under Rule 17(c).” Gonzalez v. Reno, 86 F.Supp.2d 1167, 1185 (S.D. Fla.), aff’d sub

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nom. Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000). While a parent is generally appointed as

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a guardian ad litem, there are situations where the best interests of the minor and the interests of

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the parent conflict. Anthem Life Ins. Co. v. Olguin, No. 1:06-CV-01165 AWINEW, 2007 WL

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1390672, at *2 (E.D. Cal. May 9, 2007). Therefore, a parent is not entitled as a matter of right to

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act as guardian ad litem for the child. Id., at *2.

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The Court has considered the petition of Samantha Shepherd for appointment as guardian

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ad litem for minors E.J. and M.J. who are plaintiffs in this action. Upon review of the petition

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and the complaint in this action, the Court finds that no conflict exists that would preclude

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Samantha Shepherd from serving as a guardian ad litem for E.J. and M.J. The Court finds that

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the appointment is both necessary and appropriate.

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Accordingly, IT IS HEREBY ORDERED, that Samantha Shepherd is appointed as
guardian ad litem for E.J. and M.J.

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IT IS SO ORDERED.
Dated:

November 18, 2020
UNITED STATES MAGISTRATE JUDGE

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