Sandoval v. City of National City
- Proceeding
- district
- Area
- civil
- Panel
- Andrew G. Schopler (author)
Analysis
Plaintiffs moved to appoint Robert Umana as guardian ad litem for minor plaintiff B.U. The court granted the motion and appointed Umana as guardian ad litem.
| What the court decided | The model |
|---|---|
Motion to appoint Robert Umana as guardian ad litem for minor plaintiff B.U. granted“So, the Court APPOINTS Robert Umana as B.U.’s guardian ad litem for the purposes of the instant litigation.” | agree with court The order recites that the proposed guardian has no adverse interest, the minor's mother consents, and no party objected after being given the opportunity. Under Rule 17(c), the court has the power and obligation to appoint a representative for an unrepresented minor. Given the lack of objection and the consent of the parent, the appointment is procedurally proper and follows from the cited authority. |
The order itself: sound — The order correctly identifies the relevant rule (Rule 17(c)(2)) and cites binding Ninth Circuit precedent establishing the court's discretion and obligation. It recites the necessary factual predicates for appointment (consent, no conflict, no objection). The reasoning is sufficient for this procedural matter.
Opinion
l UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 || Nohely SANDOVAL, et al., Case No.: 22-cv-1657-GPC-AGS 4 Plaintiffs,; ORDER GRANTING MOTION 5 || y. (ECF 21) AND APPOINTING ROBERT UMANA AS GUARDIAN 6 || CITY OF NATIONAL CITY, et al., AD LITEM FOR B.U. 7 Defendants. 8 9 Plaintiffs seek to have Robert Umana, minor plaintiff B.U.’s uncle, appointed as a 10 || guardian ad litem to represent B.U.’s interests in this lawsuit. (See ECF 21.) Under Federal 11 || Rule of Civil Procedure 17(c)(2), a federal court has the power and obligation to appoint a 12 special representative for an unrepresented minor plaintiff. See United States v. 30.64 Acres 13 || of Land, 795 F.2d 796 (9th Cir. 1986). When and how to do so is “normally left to the 14 |/sound discretion of the trial court.” 30.64 Acres of Land, 795 F.2d at 804 (citation omitted). 15 Here, Robert Umana has agreed to the appointment and indicates he has no “‘interest 16 || potentially adverse” to B.U.’s interest in the litigation. (See ECF 21-1, at 2.) Plaintiff 17 ||Nohely Sandoval, B.U.’s mother, “consent[s]” to Umana’s service in this capacity and 18 believes it to be in B.U.’s “best interest[s]].” (See ECF 21-3, at 1.) Finally, no party has 19 || objected to the appointment of Umana, despite being given an opportunity. (See ECF 19.) 20 || So, the Court APPOINTS Robert Umana as B.U.’s guardian ad litem for the purposes of 21 || the instant litigation. 22 Dated: March 8, 2023 23 | 4 Hon. Andrew G. Schopler United States Magistrate Judge 25 26 27 28 ]