Summary
The magistrate judge recommends dismissing the minor plaintiff’s civil rights action without prejudice because she is not represented by counsel and a non-attorney guardian ad litem may not litigate on a minor’s behalf. The recommendations also advise that pending motions be deemed no longer pending and that the clerk close the case, subject to objections within thirty days.
Topics
Practice areas
Questions Presented
- Whether an action brought on behalf of a minor may proceed when the minor's non-attorney guardian ad litem is not represented by counsel.
- Whether the action should be dismissed without prejudice after the minor's counsel withdrew and no replacement counsel appeared.
Holdings
- A non-attorney parent or guardian ad litem may not prosecute an action on behalf of a minor without being represented by counsel.
- The action should be dismissed without prejudice because the minor plaintiff had no counsel and could not proceed through the non-attorney guardian ad litem without representation.
Key quotations
“The Ninth Circuit has held “a parent or guardian cannot bring an action on behalf of a minor child without retaining a lawyer.”” (at 2-3)
“Because a minor represented by a guardian ad litem cannot proceed without counsel, and Plaintiff is a minor who has been unable to retain counsel since her previous counsel withdrew from the case on February 24, 2025, the Court recommends that this case be dismissed without prejudice.” (at 4)
Factual background
Jane Doe, a minor, filed claims alleging race discrimination by her former school district under federal and California law. Her appointed guardian ad litem was not an attorney, and Plaintiff's original counsel withdrew. Despite extensions of time, no replacement counsel entered an appearance, and the plaintiff did not respond to the defendant's pending motions.
Procedural history
Minor Plaintiff Jane Doe filed this civil action against Chowchilla Elementary School District and was represented by guardian ad litem Joanna Abercrombie. After Plaintiff's counsel withdrew, the Court gave Plaintiff's guardian ad litem time to retain new counsel. A prospective attorney declined representation after not receiving a retainer fee, and no other counsel appeared. The magistrate judge recommended dismissal without prejudice and closure of the case, subject to objections and review by the assigned district judge.