M.L.M. v. Grossmont Union High School District
- Proceeding
- district
- Area
- civil
- Panel
- Thomas J. Whelan (author)
Analysis
The court considered an application by Joseph Erskine and Sara Riley Erskine to be appointed guardians ad litem for minor plaintiff M.L.M. The court granted the application and appointed the applicants as guardians ad litem to prosecute the action on M.L.M.'s behalf.
| What the court decided | The model |
|---|---|
Application to appoint guardian ad litem granted“Given the foregoing findings of fact, the petition to appoint M.L.M.’s guardian ad litem is GRANTED.” | agree with court The court correctly applied Federal Rule of Civil Procedure 17(c)(2), which mandates the appointment of a guardian ad litem for an unrepresented minor. The applicants represented that they are the minor's legal guardians and have no adverse interests, satisfying the requirements for appointment. The decision follows directly from the rule and the facts recited in the application. |
The order itself: sound — The order is procedurally correct and cites the appropriate rule and binding circuit authority. It accurately reflects the standard for appointing a guardian ad litem for a minor and relies on the representations in the application to justify the appointment. There are no gaps in the reasoning for this specific procedural motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 M.L.M. By and Through her Guardians Case No.: 21-CV-456 W (MDD) Ad Litem JOSEPH ERSKINE and SARA 12 RILEY ERSKINE, ORDER GRANTING APPLICATION 13 TO APPOINT GUARDIAN AD Plaintiff, LITEM [DOC. 2] 14 v. 15 GROSSMONT UNION HIGH SCHOOL 16 DISTRICT, 17 Defendant. 18 19 Pending before the Court is an application by Joseph Erskine and Sara Riley 20 Erskine for an order appointing them guardians ad litem for Plaintiff M.L.M. [Doc. 2.] 21 The Court decides the matter on the papers submitted and without oral argument pursuant 22 to Civil Local Rule 7.1(d)(1). 23 “A minor or an incompetent person who does not have a duly appointed 24 representative may sue by a next friend or by a guardian ad litem. The court must 25 appoint a guardian ad litem--or issue another appropriate order--to protect a minor or 26 incompetent person who is unrepresented in an action.” Fed. R. Civ. P. 17(c)(2). This 27 rule “requires a court to take whatever measures it deems proper to protect an 28 incompetent person during litigation.” United States v. 30.64 Acres of Land, More or 1 || Less, Situated in Klickitat Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). 2 ||“[T]he appointment of a guardian ad litem is more than a mere formalism. A guardian ad 3 || litem is authorized to act on behalf of his ward and may make all appropriate decisions in 4 || the course of specific litigation.” Id. The question of whether to appoint a guardian ad 5 || litem is committed to the district court’s sound discretion. Id. 6 The Application represents that: (1) M.L.M. is a minor who lives with legal 7 || guardians, Joseph and Sara Riley Erskine; (2) no previous application for the 8 || appointment of a guardian ad litem has been made in this matter; (3) Joseph Erskine and 9 Riley Erskine are qualified to serve as guardian ad litem for M.L.M. and represent 10 || that they have no interests adverse to her. (Application [Doc. 2].) 11 Given the foregoing findings of fact, the petition to appoint M.L.M.’s guardian ad 12 || litem is GRANTED. 13 Joseph Erskine and Sara Riley Erskine are hereby appointed as guardians ad litem 14 || for M.L.M. for the purpose of prosecuting this action on M.L.M.’s behalf. 15 IT IS SO ORDERED. 16 || Dated: March 22, 2021 \ pe lnLor 18 Hn. 7 omas J. Whelan 19 Unted States District Judge 20 21 22 23 24 25 26 27 28