Summary
The United States District Court for the Eastern District of California grants an ex parte application to appoint Jeaninne Cavazos as guardian ad litem for minor plaintiff M.C. The court finds that Cavazos is competent and qualified, has no adverse interest, and is authorized to prosecute the action on M.C.’s behalf.
Holdings
- A court must appoint a guardian ad litem or issue another appropriate protective order for an unrepresented minor, and the court may appoint a proposed representative when the representative is competent, dedicated to the minor's best interests, and does not have an impermissible conflict of interest.
Questions Presented
- Whether the court should appoint Jeaninne Cavazos as guardian ad litem for minor plaintiff M.C. under Federal Rule of Civil Procedure 17(c) and applicable California law.
- Whether Cavazos had a conflict of interest or other disqualifying circumstance that would prevent her from adequately protecting M.C.'s interests.
Disposition
other
Cases Cited (7)
- United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat Cnty., State of Wash., 795 F.2d 796, 804-05 (9th Cir. 1986)(followed)
- AT&T Mobility, LLC v. Yeager, 143 F. Supp. 3d 1042, 1054 (E.D. Cal. 2015)(followed)
- Whitmore v. Arkansas, 495 U.S. 149, 163-64 (1990)(followed)
- Troxel v. Granville, 530 U.S. 57, 66 (2000)(followed)
- Molesky for J.M. v. Carillo, No. 1:22-cv-1567-ADA-CDB, 2022 WL 17584396, at *1 (E.D. Cal. Dec. 12, 2022)(followed)
- Williams v. Super. Ct. of San Diego, 147 Cal. App. 4th 36, 50 (2007)(followed)
- I.W. by & through Aguirre v. Clovis Unified Sch. Dist., No. 1:24-CV-01074-JLT-BAM, 2024 WL 4216753, at *1 (E.D. Cal. Sept. 17, 2024)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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