Meyer v. United States
- Proceeding
- district
- Area
- civil
- Panel
- Thomas J. Whelan (author)
Analysis
The court considered a motion by Ana Varela to be appointed as guardian ad litem for three minor plaintiffs. The court granted the motion and appointed Varela as guardian ad litem to prosecute the action on the minors' behalf.
| What the court decided | The model |
|---|---|
Motion to Appoint Guardian Ad Litem granted“Given the foregoing findings of fact, the petition to appoint the Petitioners’ 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 unrepresented minors. The record establishes that the plaintiffs are minors, unrepresented, and that the proposed guardian has legal custody and no adverse interest. The appointment is a standard procedural measure to protect the rights of the minors. |
The order itself: sound — The order correctly identifies the governing rule (Rule 17(c)(2)) and the standard of discretion. It recites the necessary factual predicates (minor status, lack of representation, suitability of the proposed guardian) and grants the appointment. The reasoning is concise but sufficient for a procedural order of this nature.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL MEYER, an individual, ANA Case No.: 23-cv-0396-W-MDD VARELA, as Guardian Ad Litem for 12 minors K. P., P. U., and A. U., ORDER GRANTING MOTION TO 13 APPOINT GUARDIAN AD LITEM Plaintiffs, [DOC. 2] 14 v. 15 UNITED STATES OF AMERICA, a 16 government entity, 17 Defendant. 18 19 Pending before the Court is a motion by Ana Varela for an order appointing her 20 guardian ad litem for Plaintiffs P. U., A. U., and K. P. (together, the “Petitioners”). [Doc. 21 2.] The Court decides the matter on the papers submitted and without oral argument 22 pursuant 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). “[T]he 2 || appointment of a guardian ad litem is more than a mere formalism. A guardian ad litem 3 ||is authorized to act on behalf of his ward and may make all appropriate decisions in the 4 ||course of specific litigation.” Jd. The question of whether to appoint a guardian ad litem 5 ||is committed to the district court’s sound discretion. □□□ 6 The Motion represents that: (1) the Petitioners are minors who live with Ana 7 || Varela, who has legal custody of the Petitioners; (2) the Petitioners have no guardian of 8 estate; (3) Ana Varela is willing to serve as guardian ad litem of the Petitioners and 9 fully competent to understand and protect the rights of the minors and to have no 10 || interest adverse to that of the minors. (Mot. [Doc. 2].) 11 Given the foregoing findings of fact, the petition to appoint the Petitioners’ 12 || guardian ad litem is GRANTED. 13 Ana Varela is hereby appointed as guardian ad litem for the Petitioners for the 14 || purpose of prosecuting this action on their behalf. 15 IT IS SO ORDERED. 16 Dated: March 2, 2023 17 \ s [pe InLor 19 Hn. 7 omas J. Whelan 0 Unted States District Judge 21 22 23 24 25 26 27 28