Filed: Jan. 26, 2018
Latest Update: Jan. 26, 2018
Summary: ORDER GRANTING PETITION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM (ECF No. 2). ERICA P. GROSJEAN , Magistrate Judge . On January 23, 2018, Plaintiff X.P., a sixteen-year-old minor, by and through his guardian ad litem Michelle Perez, individually and as successor in interest to Joseph Perez, submitted a petition for the appointment of a guardian ad litem in conjunction with the commencement of this action. (ECF No. 2). Plaintiff X.P. seeks to have the Court appoint his paternal au
Summary: ORDER GRANTING PETITION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM (ECF No. 2). ERICA P. GROSJEAN , Magistrate Judge . On January 23, 2018, Plaintiff X.P., a sixteen-year-old minor, by and through his guardian ad litem Michelle Perez, individually and as successor in interest to Joseph Perez, submitted a petition for the appointment of a guardian ad litem in conjunction with the commencement of this action. (ECF No. 2). Plaintiff X.P. seeks to have the Court appoint his paternal aun..
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ORDER GRANTING PETITION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM
(ECF No. 2).
ERICA P. GROSJEAN, Magistrate Judge.
On January 23, 2018, Plaintiff X.P., a sixteen-year-old minor, by and through his guardian ad litem Michelle Perez, individually and as successor in interest to Joseph Perez, submitted a petition for the appointment of a guardian ad litem in conjunction with the commencement of this action. (ECF No. 2). Plaintiff X.P. seeks to have the Court appoint his paternal aunt, Michelle Perez, as guardian ad litem. Michelle Perez alleges that she is fully competent and responsible to act as her nephew's guardian and to prosecute the action on his behalf.
Rule 17 of the Federal Rules of Civil Procedures provides that "[t]he court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person who is unrepresented in an action." Fed. R. Civ. P. 17(c)(2).
Local Rule 202(a) of this Court further states, in pertinent part:
Upon commencement of an action or upon initial appearance in defense of an action by or on behalf of a minor . . . the attorney representing the minor or incompetent person shall present . . . a motion for the appointment of a guardian ad litem by the Court, or . . . a showing satisfactory to the Court that no such appointment is necessary to ensure adequate representation of the minor or incompetent person.
"The decision to appoint a guardian ad litem under Rule 17(c) is normally left to the sound discretion of the trial court." Davis v. Walker, 745 F.3d 1303, 1310 (9th Cir. 2014) (citing United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986)).
Upon review of the application, the Petition of Michelle Perez to be Appointed Guardian ad litem for Minor, X.P. (ECF No. 2), is GRANTED.
IT IS SO ORDERED.
