Hernandez v. United States of America
- Proceeding
- district
- Area
- civil
- Panel
- Anthony J. Battaglia (author)
Analysis
The court considered an amended petition by the minor plaintiff's mother to be appointed as his guardian ad litem. The court granted the petition and appointed the mother as the guardian ad litem.
| What the court decided | The model |
|---|---|
Granting the amended petition for the appointment of a guardian ad litem.“Finding good cause, the Court grants the petition (Doc. No. 5) and appoints Irlanda Hernandez Echeverria guardian ad litem of KOTHAN MORA HERNANDEZ, a minor and plaintiff to this action.” | agree with court The court correctly applied the standard for appointing a guardian ad litem under Federal Rule of Civil Procedure 17(c)(2). The order recites that the petitioner is the biological mother, will represent the minor's best interests, and has no conflict of interest. The court found 'good cause' and exercised its discretion to appoint the guardian, which is a standard and appropriate procedural action in this context. |
The order itself: sound — The order is procedurally sound. It correctly identifies the relevant rule (FRCP 17(c)(2)), cites appropriate Ninth Circuit authority regarding the court's duty and discretion, and recites the factual basis for the appointment (motherhood, no conflict of interest). The conclusion follows logically from the cited law and the stated facts.
Opinion
8 UNITED STATES DISTRICT COURT
9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 Case No. 19cv1457 AJB-AGS 11 HENRY MORA HERNANDEZ, individually and as Special ORDER GRANTING AMENDED 12 Administrator of the Estate of Sergio PETITION FOR APPOINTMENT Mora Hernandez; and KOTHAN OF GUARDIAN AD LITEM 13 MORA HERNANDEZ, a minor, by and (FRCP § 17(c)(2)) through his Guardian Ad Litem, Irlanda 14 Hernandez Echeverria, (Doc. No. 6)
15 Plaintiffs, 16 v. 17 UNITED STATES OF AMERICA, by and through the UNITED STATES 18 POSTAL SERVICE; and ERICKA MARIE DOTSON, an individual, 19 Defendants. 20 21 22 23 24 25 26 27 1 PETITIONER, minor child KOTHAN MORA HERNANDEZ, by and 2 | through his mother, Irlanda Hernandez Echeverria, filed an amended petition 3 | for the appointment of a guardian ad litem. (Doc. No. 5.) 4 “District courts have a special duty, derived from Federal Rule of Civil 5 | Procedure 17(c), to safeguard the interests of litigants who are minors.” 6 | Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011). Rule 17 provides 7 | that “[t]he court must appoint a guardian ad litem—or issue another appropriate 8 | order—to protect a minor or incompetent person who is unrepresented in an 9 | action.” Fed. R. Civ. P. 17(c)(2). 10 The decision to appoint a guardian ad litem “must normally be left to the 11 | sound discretion of the trial court.” United States v. 30.64 Acres of Land, 795 12 | F.2d 796, 804 (9th Cir. 1986). 13 Petitioner Irlanda Hernandez Echeverria petitions the Court to appoint 14 | her as guardian ad litem to her minor child, Plaintiff KOTHAN MORA 15 HERNANDEZ. Plaintiff KOTHAN MORA HERNANDEZ is a minor, born 16 | January 7, 2005. Petitioner states that she is the biological mother to Plaintiff 17. | KOTHAN MORA HERNANDEZ, and that she will represent his best interests 18 | and has no interests adverse to or in conflict with Plaintiff KOTHAN MORA 19 | HERNANDEZ. 20 Finding good cause, the Court grants the petition (Doc. No. 5) and 21 appoints Irlanda Hernandez Echeverria guardian ad litem of KOTHAN MORA 22 | HERNANDEZ, a minor and plaintiff to this action. 23 IT IS SO ORDERED. 24 35 Dated: August 19, 2019 United States District Judge 28 ORDER APPOINTING GUARDIAN AD -|- Mora Hernandez v. United States, et al.