Bouri et al v. Stonebrae Homeowners Association et al

Filing 18

ORDER by Judge Lisa J. Cisneros granting #4 PETITION FOR APPOINTMENT OF LUAY BOURI AS GUARDIAN AD LITEM FOR PLAINTIFF BANDALI BOURI. (bns, COURT STAFF) (Filed on 11/26/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TINA BOURI, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 24-cv-06869-LJC

v.
STONEBRAE HOMEOWNERS
ASSOCIATION, et al.,
Defendants.

ORDER GRANTING PETITION FOR
APPOINTMENT OF LUAY BOURI AS
GUARDIAN AD LITEM FOR
PLAINTIFF BANDALI BOURI
Re: Dkt. No. 4

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Pending before the Court is a Petition for Appointment of Guardian Ad Litem filed on

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October 14, 2024, seeking the appointment of Luay Bouri as guardian ad litem for Plaintiff

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Bandali Bouri. ECF No. 4. On November 1, 2024, the Court directed Plaintiffs to file further

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briefing and evidence in support of the petition and set a hearing on the petition. Plaintiffs filed a

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supplemental brief, and three supporting declarations by Luay Bouri, Samer Bouri, and Tina

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Bouri. ECF Nos. 14, 14-1, 14-2, 14-3. Luay’s declaration attached a true and correct copy of a

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letter from Bandali’s nurse practitioner, dated August 13, 2024, explaining his patient’s diagnosis

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of Down syndrome and his communicative and cognitive impairments, and a 2008 document from

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San Mateo County Health authorizing him to receive Bandali’s medical information. Tina’s

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declaration explained, among other things, that she cared for Bandali for three years while he was

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living in her home. She shared that Bandali is unable to cook, live independently, or make safe

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decisions without adult supervision, and requires constant oversight. Tina opined, based on her

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extensive experience caring for Bandali, that in her view he has the mental capacity of a four-year

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old child, his disability severely impacts his ability to comprehend important matters, and he is

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unable to understand the concept of legal proceedings.

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A hearing was held via Zoom on November 26, 2024, and the proceedings were recorded.

United States District Court
Northern District of California

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At the hearing, Plaintiffs’ counsel represented to the Court that Bandali had no appointed

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conservator or general guardian. The Court found good cause to take testimony through a remote

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court appearance, see Fed. R. Civ. P. 43, and Luay Bouri and Tina Bouri were placed under oath

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to answer follow-up questions regarding their declarations. Luay testified that Bandali currently

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lives in a boarding house in Foster City, while he lives in Elk Grove, California, but he sees

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Bandali on a regular basis—weekly and sometimes twice weekly. With regard to the management

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of Bandali’s financial affairs, Luay testified that he is the representative payee for Bandali’s

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payments from the Social Security Administration. He also testified that Bandali recently had a

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hip replacement and struggles with dementia. Tina Bouri testified that while Bandali lived in her

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home, she saw him on a daily basis and she regularly dropped him off at a school for

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developmentally disabled adults. Bandali Bouri and Samer Bouri also attended the hearing and

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were visible on Zoom, though they were not questioned. The Court observed Bandali throughout

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the proceeding.

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Pursuant to Federal Rules of Civil Procedure Rule 17(c)(2), “[a] minor or an incompetent

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person who does not have a duly appointed representative may sue by a next friend or by a

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guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate

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order—to protect a minor or incompetent person who is unrepresented in an action.” Fed. R. Civ.

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P. 17(c)(2). Under California law, “a party is incompetent if he or she lacks the capacity to

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understand the nature or consequences of the proceeding, or is unable to assist counsel in the

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preparation of the case.” Golden Gate Way, LLC v. Stewart, No. C 09-04458, 2012 WL 4482053,

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at *2 (N.D. Cal. Sept. 28, 2012). Courts may consider a broad “range of evidence […] when

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determining a party's competency, including sworn declarations from those who know the

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allegedly incompetent person, the representations of counsel, medical records or diagnoses, a

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report of mental disability by a government agency, and the court's own observations, interactions,

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and direct questioning of the party.” Shiflett v. City of San Leandro, No. 21-cv-07802, 2023 WL

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2815357, at *2 (N.D. Cal. Apr. 6, 2023). A finding that an individual is incompetent must be

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supported by a preponderance of the evidence. Id. Courts may appoint a guardian ad litem for an

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incompetent adult “only (1) if he or she consents to the appointment or (2) upon notice and
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Having considered the petition, the relevant legal authorities, and the record, the petition is

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GRANTED. Given the written and oral testimony from Bandali’s close family members, and the

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attached medical documentation, it is evident that he lacks the capacity to understand the nature of

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the proceedings in this action. Furthermore, Bandali’s brother Luay has been a longstanding

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source of support in managing his financial and health affairs, and therefore he is an appropriate

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person to protect Bandali’s interests in this litigation. Good cause appearing, pursuant to Rule

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17(c)(2) of the Federal Rules of Civil Procedure, Luay Bouri is appointed as a Guardian ad Litem

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for Plaintiff Bandali Bouri in this action.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

hearing.” Golden Gate Way, 2012 WL 4482053, at *2.

Dated: November 26, 2024

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LISA J. CISNEROS
United States Magistrate Judge

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