(CONSENT) Basque et al. v. County of Placer et al.

Filing 36

ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/17 ORDERING that Plaintiff Ryan D. Basque's Request for appointment as the guardian ad litem for non-party minors S.B. and E.B. is GRANTED. The Court finds that this appointment is in S.B. and E.B.s best interests. Accordingly, the Court hereby appoints Plaintiff Ryan D. Basque as guardian ad litem for S.B. and E.B., for the purpose of this action.(Mena-Sanchez, L)

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Mark E. Merin (State Bar No. 043849)
Paul H. Masuhara (State Bar No. 289805)

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LAW OFFICE OF MARK E. MERIN

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1010 F Street, Suite 300
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Plaintiffs
RYAN D. BASQUE and DENISE M. BASQUE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RYAN D. BASQUE, et al.,

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vs.
COUNTY OF PLACER, et al.,
Defendants.
I.

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minors S.B. and E.B.
II.

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STATEMENT OF RELEVANT FACTS

Plaintiff Ryan D. Basque (“Ryan”)1 is the father of non-party minors, S.B. and E.B. Declaration
of Ryan D. Basque (“Ryan Decl.”), ¶¶2-3.

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INTRODUCTION

Plaintiff Ryan D. Basque requests the Court’s appointment as the guardian ad litem for non-party

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PLAINTIFF RYAN D. BASQUE’S
UNOPPOSED REQUEST FOR
APPOINTMENT OF GUARDIAN AD LITEM
FOR NON-PARTY MINORS S.B. AND E.B.;
ORDER THEREON

Plaintiffs,

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SACRAMENTO DIVISION
Case No. 2:16-cv-02760-KJN

S.B. and E.B. potentially have claims against Defendants in this action which could be brought
through this action and in this Court. Ryan Decl., ¶5. Those claims, if asserted, would arise out of the
same conduct which gave rise to Plaintiffs’ individual claims. Id.; see also ECF No. 29-3 at 4 & 29-4
[taser video at 00:08-00:15, wherein S.B. and E.B. appear during subject incident].

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The two Plaintiffs to this action, Plaintiff Ryan D. Basque and Denise M. Basque (collectively,
“Plaintiffs”), share a common surname. For clarity, Plaintiffs are referred to by their first names.
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PLAINTIFF RYAN D. BASQUE’S UNOPPOSED REQUEST FOR APPOINTMENT OF GUARDIAN AD LITEM FOR NON-PARTY MINORS S.B. AND E.B.

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Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN

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The parties to this action have reached agreement on the terms of a proposed settlement. See ECF
No. 32. Terms of the settlement are inclusive of the claims of S.B. and E.B. Ryan Decl., ¶6. Because the
settlement seeks to resolve claims of minors, special procedures will apply. See Fed. R. Civ. P. 17(c) &
E.D. Cal. L.R. 202.

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Therefore, Plaintiff Ryan requests the Court’s appointment as the guardian ad litem for his minor
children, S.B. and E.B., in order to represent their interests in this action, notwithstanding that S.B. and
E.B. are currently non-parties to this action.

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III.

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“A minor … who does not have a duly appointed representative may sue by a next friend or by a
guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate order—to
protect a minor … who is unrepresented in an action.” Fed. R. Civ. P. 17(c)(2); E.D. Cal. L.R. 202(a)
(“Appointment of Representative or Guardian”); see also Cal. Code Civ. Proc. § 372(a)(1) (“A guardian
ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding
is prosecuted, or by a judge thereof, expedient to appoint a guardian ad litem to represent the minor…”).

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“A court has broad discretion in ruling on a guardian ad litem application.” Williams v. Superior
Court, 147 Cal. App. 4th 36, 47, 54 Cal. Rptr. 3d 13 (2007). When there is no conflict of interest, the
guardian ad litem appointment is usually made on ex parte application and involves minimal exercise of
discretion by the trial court. In re Marriage of Caballero, 27 Cal. App. 4th 1139, 1149, 33 Cal. Rptr. 2d
46 (1994).

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REQUEST FOR APPOINTNMENT

Though not yet parties to this action, because S.B. and E.B. potentially have claims that could be
asserted in this action and which the parties seek to resolve through settlement, see Basque Decl., ¶¶5-6,
Plaintiff Ryan requests the Court’s appointment as guardian ad litem for S.B. and E.B. in this action, for
the purpose of pursuing and settling their potential claims. Plaintiff Ryan is aware of no conflict of
interest and, if so appointed, will protection of the minors’ interest in this litigation. See Basque Decl.,
¶7.
This request for appointment as guardian ad litem is unopposed by Defendants.
IV.

CONCLUSION

Plaintiff Ryan D. Basque respectfully requests the Court’s appointment as the guardian ad litem
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PLAINTIFF RYAN D. BASQUE’S UNOPPOSED REQUEST FOR APPOINTMENT OF GUARDIAN AD LITEM FOR NON-PARTY MINORS S.B. AND E.B.

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Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN

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for non-party minors S.B. and E.B.
Dated: July 25, 2017

Respectfully Submitted,

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By: __________________________________
Mark E. Merin
Paul H. Masuhara

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LAW OFFICE OF MARK E. MERIN

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Attorneys for Plaintiffs
RYAN D. BASQUE and DENISE M. BASQUE

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ORDER

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Pursuant to Fed. R. Civ. P. 17(c)(2) and E.D. Cal. L.R. 202(a), the Court hereby GRANTS

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Plaintiff Ryan D. Basque’s request for appointment as the guardian ad litem for non-party minors S.B.

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and E.B. The Court finds that this appointment is in S.B. and E.B.’s best interests. Accordingly, the

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Court hereby appoints Plaintiff Ryan D. Basque as guardian ad litem for S.B. and E.B., for the purpose

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of this action.

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IT IS SO ORDERED.
Dated: July 26, 2017

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PLAINTIFF RYAN D. BASQUE’S UNOPPOSED REQUEST FOR APPOINTMENT OF GUARDIAN AD LITEM FOR NON-PARTY MINORS S.B. AND E.B.

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Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN