A. v. City of Sunnyvale et al

Filing 7

ORDER by Magistrate Judge Virginia K. DeMarchi granting 2 Application to Appoint Guardian Ad Litem. (vkdlc2, COURT STAFF) (Filed on 1/6/2025)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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A. A.,

Case No. 24-cv-09312-VKD
Plaintiff,

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United States District Court
Northern District of California

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ORDER GRANTING APPLICATION
TO APPOINT GUARDIAN AD LITEM

v.
CITY OF SUNNYVALE, et al.,

Re: Dkt. No. 2

Defendants.

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Plaintiff A.A., a minor, sues the City of Sunnyvale and several of its officers for alleged

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excessive force in violation of his civil rights under federal and state law. See Dkt. No. 3. A.A.’s

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mother, Maria Lopez, moves for an order appointing her as A.A.’s guardian ad litem. Dkt. No. 2.

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Rule 17 provides that “[a] minor or an incompetent person who does not have a duly appointed

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representative may sue by a next friend or by a guardian ad litem.” Fed. R. Civ. P. 17(c)(2). “The

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court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or

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incompetent person who is unrepresented in an action.” Id. An individual’s capacity to sue is

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determined by the law of the individual’s domicile. Fed. R. Civ. P. 17(b). In California, an individual

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under the age of 18 is a minor. Cal. Fam. Code § 6500. A minor may bring suit as long as a guardian

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conducts the proceedings, and the Court may appoint a guardian ad litem to represent a minor’s

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interests in the litigation. Cal. Fam. Code § 6601; Cal. Code Civ. Proc. § 372(a); Williams v. Super.

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Ct., 147 Cal. App. 4th 36, 46-47 (2007).

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“A court has broad discretion in ruling on a guardian ad litem application.” Williams, 147 Cal.

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App. 4th at 47. In determining whether to appoint a guardian ad litem, the Court must consider

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whether the minor and proposed guardian have divergent interests. Cal. Code Civ. Proc. § 372(b)(1).

United States District Court
Northern District of California

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“When there is a potential conflict between a perceived parental responsibility and an obligation to

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assist the court in achieving a just and speedy determination of the action, a court has the right to select

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a guardian ad litem who is not a parent if that guardian would best protect the child’s interests.”

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Williams, 147 Cal. App. 4th at 49 (internal quotations and citation omitted). “[I]f the parent has an

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actual or potential conflict of interest with his child, the parent has no right to control or influence the

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child’s litigation.” Id. at 50. “In the absence of a conflict of interest, the appointment is usually made

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on application only and involves little exercise of discretion.” Id. at 47 (cleaned up; citation omitted);

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see also Student A v. Berkeley Unified Sch. Dist., No. 17-cv-02510-MEJ, 2017 WL 2171254, at *1

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(N.D. Cal. May 17, 2017) (“When there is no conflict of interest, the guardian ad litem appointment is

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usually made on ex parte application and involves minimal exercise of discretion by the trial court.”)

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(internal quotations and citation omitted)). Additionally, when “‘a parent brings an action on behalf of

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a child, and it is evident that the interests of each are the same, no need exists for someone other than

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the parent to represent the child’s interests under Rule 17(c).’” J.M. v. Liberty Union High Sch. Dist.,

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No. 16-cv-05225-LB, 2016 WL 4942999, at *1 (N.D. Cal. Sept. 16, 2016) (quoting Gonzalez v. Reno,

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86 F. Supp. 2d 1167, 1185 (S.D. Fla. 2000), aff’d 212 F.3d 1338 (11th Cir. 2000)).

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Here, the record presented indicates that Ms. Lopez, as A.A.’s mother, is competent and

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willing to serve as A.A.’s guardian ad litem. Dkt. No. 2-2. As nothing in the record indicates a

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conflict of interest between Ms. Lopez and A.A., or any other reason why the present application

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should not be granted, the Court grants the motion and appoints Ms. Lopez as guardian ad litem for

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A.A.

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IT IS SO ORDERED.
Dated: January 6, 2025

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Virginia K. DeMarchi
United States Magistrate Judge

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