K. et al v. County of Sacramento et al

Filing 15

ORDER signed by Senior Judge William B. Shubb on 9/13/2018 GRANTING 11 Motion to Appoint Guardian ad Litem. (Washington, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 ALESHNA KUMARI, A.K., A.S., and A.K.M., Plaintiffs, 13 14 15 16 17 No. 2:18-cv-00061 WBS AC ORDER RE: MOTION TO APPOINT GUARDIAN AD LITEM v. COUNTY OF SACRAMENTO; JESSE GOMEZ-COATES, an individual; JANELLE GONZALEZ, an individual; LEONA WILLIAMS, an individual; and DOES 1-50, inclusive, 18 Defendants. 19 ----oo0oo---- 20 21 Pursuant to Federal Rule of Civil Procedure 17(c) and 22 Local Rule 202, plaintiffs Aleshna Kumari and her minor children 23 A.K., A.S., and A.K.M. now move to appoint Hardip Singh as the 24 guardian ad litem for A.K., A.S., and A.K.M (Docket No. 11). 25 No objections to the motion have been raised. 26 Furthermore, the plaintiffs’ Motion to Appoint Guardian Ad Litem 27 (Docket No. 11) demonstrates that: 28 1. Hardip Singh previously served as guardian ad litem 1 1 for A.K., A.S., and A.K.M. when this case was pending before the 2 State Superior Court prior to removal. 3 plaintiffs, and resides at 4381 Gateway Park Blvd., #500, 4 Sacramento, CA 95834. 5 2. He is a friend of the Hardip Singh is a competent and reasonable person, 6 qualified to become the guardian ad litem of said minors, aware 7 of the responsibilities the position entails, and he consents to 8 act in such a capacity. 9 10 3. No previous application for appointment of a guardian ad litem in this matter has been made.1 11 IT IS THEREFORE ORDERED that plaintiffs’ Motion to 12 Appoint Hardip Singh as Guardian Ad Litem (Docket No. 11) be, and 13 the same hereby is, GRANTED. 14 Dated: September 13, 2018 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Technically, the guardian ad litem should be appointed for minor plaintiffs before the summons is served. Cal. Civ. Proc. Code § 373(a)(“If the minor is the plaintiff the appointment must be made before the summons is issued . . . .”) However, the parties in this case have stipulated that the plaintiffs should have additional time to file their Motion seeking the appointment of a guardian ad litem. (Stip. & Order (Docket No. 10)). 2 1

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