Bengard et al v. City of Pittsburg California et al
Filing
22
ORDER by Judge Kandis A. Westmore granting 20 Motion to Appoint Guardian Ad Litem. (kawlc2, COURT STAFF) (Filed on 10/12/2017)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
LATRICIA BENGARD, et al.,
Plaintiffs,
8
9
10
11
Case No. 17-cv-02730-KAW
ORDER GRANTING MOTION TO
APPOINT GUARDIAN AD LITEM
v.
CITY OF PITTSBURG CALIFORNIA, et
al.,
Re: Dkt. No. 20
United States District Court
Northern District of California
Defendants.
12
13
On September 6, 2017, Plaintiff Latricia Bengard moved to be appointed as the guardian
14
ad litem for Plaintiff Trajhan Long, pursuant to Federal Rule of Civil Procedure 17(c)(2). (Plfs.'
15
Mot., Dkt. No. 20.) In support of the motion, Plaintiff Bengard submitted a declaration stating
16
that Plaintiff Long is her son, and that he is sixteen years old as of the date of the declaration.
17
(Bengard Decl. ¶ 2, Dkt. No. 20-1.) Plaintiff Bengard also declared that she has no interests that
18
are contrary to Plaintiff Long's. (Bengard Decl. ¶ 5.) No opposition was filed to the motion. The
19
Court deems the matter suitable for disposition without hearing pursuant to Civil Local Rule 7-
20
1(b) and vacates the hearing set for November 2, 2017.
21
Federal Rule of Civil Procedure 17 allows a court to "appoint a guardian ad litem . . . to
22
protect a minor or incompetent person who is unrepresented in an action." "The decision to
23
appoint a guardian ad litem under Rule 17(c) is normally left to the sound discretion of the trial
24
court . . . ." Davis v. Walker, 745 F.3d 1303, 1310 (9th Cir. 2014). Notably, "[w]hen there is no
25
conflict of interest, the guardian ad litem appointment is usually made on ex parte application and
26
involves minimal exercise of discretion by the trial court." Kulya v. City & Cty. of S.F., Case No.
27
06-cv-6539-JSW, 2007 WL 760776, at *1 (N.D. Cal. Mar. 9, 2007) ; see also Student A v.
28
Berkeley Unified Sch. Dist., Case No. 17-cv-2510-MEJ, 2017 WL 2171254, at *1 (N.D. Cal. May
1
2
17, 2017).
In the instant case, Plaintiff Long is a minor, and there is nothing in the record to suggest
3
that there would be a conflict of interest between Plaintiff Long and Plaintiff Bengard.
4
Accordingly, the Court GRANTS the motion and APPOINTS Plaintiff Bengard as guardian ad
5
litem for Plaintiff Long.
6
7
IT IS SO ORDERED.
Dated: October 12, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
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?