Yancy et al v. State of California et al

Filing 6

ORDER Granting Ex Parte 2 Application for Appointment of Guardian ad Litem. Katherine Hawk appointed guardian ad litem for Plaintiffs Alexis Yancy and Jayden Yancy. Signed by Magistrate Judge Jill L. Burkhardt on 4/8/2015. (rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ALEXIS YANCY and JAYDEN
YANCY, by and through their
Guardian Ad Litem, KATHERINE
HAWK,
Plaintiffs,

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v.

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STATE OF CALIFORNIA;
CALIFORNIA HIGHWAY PATROL;
CITY OF IMPERIAL; CITY OF
IMPERIAL POLICE DEPARTMENT,
COUNTY OF IMPERIAL; and
IMPERIAL COUNTY SHERIFF’S
OFFICE,
Defendants.

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Civil No.

15cv580 JM (JLB)

ORDER GRANTING EX
PARTE APPLICATION FOR
APPOINTMENT OF
GUARDIAN AD LITEM
[ECF No. 2]

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On March 13, 2015, Plaintiffs filed an Ex Parte Application for Appointment

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of Guardian Ad Litem, requesting that Katherine Hawk be appointed as guardian ad

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litem for her two minor children, Plaintiffs Alexis Yancy and Jayden Yancy. (ECF No.

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2.) For the following reasons, Plaintiffs’ Ex Parte Application is GRANTED.

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I. DISCUSSION

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Pursuant to Federal Rule of Civil Procedure 17, “[a] minor . . . who does not

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have a duly appointed representative may sue by a next friend or by a guardian ad

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

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– to protect a minor . . . who is unrepresented in an action.” Fed. R. Civ. P. 17(c)(2).

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An individual’s capacity to sue is determined “by the law of the individual’s domicile.”

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Fed. R. Civ. P. 17(b). Here, both minor Plaintiffs are domiciled in California. (ECF

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No. 2 at 2.) Under California law, an individual under the age of eighteen is a minor.

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Cal. Fam. Code § 6502. A minor may bring suit as long as a guardian conducts the

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

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interests. Cal. Fam. Code § 6601; Cal. Code Civ. P. § 372(a).

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

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Williams v. Superior Court of San Diego, 147 Cal. App. 4th 36, 47 (2007) (citing In

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re Emily R., 80 Cal. App. 4th 1344, 1356 (2000)). When determining whether to

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appoint a particular guardian ad litem, the court must consider whether the minor and

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guardian have divergent interests. Cal. Code Civ. P. § 372(b)(1). Generally, when a

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minor is represented by a parent who has the same interests as the child, there is no

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inherent conflict of interest. See e.g. Burke v. Smith, 252 F.3d 1260, 1264 (11th Cir.

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2001) (explaining that when a parent brings an action on behalf of a child, and it is

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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).). See also Anthem Life

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Ins. v. Olguin, 2007 WL 1390672, *2 (E.D. Cal. May 9, 2007) (observing that “[a]

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parent is generally appointed guardian ad litem.”).

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When there is no conflict of interest, the guardian ad litem appointment is

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usually made on an ex parte application and involves minimal exercise of discretion

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by the court. Kulya v. City and County of San Francisco, 2007 WL 760776, * 1 (N.D.

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Cal. 2007); see also In re Marriage of Caballero, 27 Cal. App. 4th 1139, 1149 (1994).

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When choosing a guardian ad litem for a civil lawsuit, the most important issue is

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protection of the minor’s interest in the litigation. Williams, 147 Cal. App. 4th at 47.

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Here, both Plaintiff Alexis Yancy and Plaintiff Jayden Yancy are under the

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age of eighteen. (See ECF No. 2 at 2.) Therefore, their ability to bring suit is

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contingent upon appointment by the court of a guardian ad litem.

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Plaintiffs’ mother and guardian, Katherine Hawk, states that she is “fully

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competent and qualified to understand and protect the rights of [Plaintiffs] and has no

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interests adverse to the interests of these minors.” (Id.) Ms. Hawk is not herself a

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party to the lawsuit and, upon review of the Complaint, does not appear to have any

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interests in conflict with the minor Plaintiffs she seeks to represent. (See ECF No. 1.)

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The Court finds that Ms. Hawk is qualified to serve as guardian ad litem for her two

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minor children. Accordingly, Ms. Hawk’s appointment as guardian ad litem for

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Plaintiffs Alexis Yancy and Jayden Yancy is appropriate.
II. CONCLUSION

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Plaintiffs’ Ex Parte Application for Appointment of Guardian Ad Litem is

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hereby GRANTED. Katherine Hawk is appointed to act as guardian ad litem for

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Plaintiffs Alexis Yancy and Jayden Yancy, and is authorized to prosecute this action

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on their behalf.

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IT IS SO ORDERED.

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DATED: April 8, 2015
JILL L. BURKHARDT
United States Magistrate Judge

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