Summary
The United States District Court for the Eastern District of California found Cross-Defendant Lupe C. Flores incompetent to pursue the action based on evidence concerning her logopenic primary progressive aphasia and related cognitive impairments. The court denied renewed motions for appointment of a guardian ad litem and counsel because no suitable guardian or counsel had been identified. The court stayed the proceedings and directed Flores to file status reports every 90 days concerning her condition and efforts to obtain representation.
Holdings
- Flores was incompetent to pursue the action on her own behalf because her logopenic primary progressive aphasia and related cognitive impairments significantly limited her communication and decision-making abilities and prevented her from meaningfully assisting in preparation of the case.
- The court denied the renewed motions for appointment of a guardian ad litem and counsel because no suitable individual willing to serve had been identified or located, while permitting Flores to renew the motion upon identifying such an individual.
- The court stayed the action and required Flores to file a status report every 90 days concerning her medical condition, search for a guardian ad litem, and other relevant matters.
Questions Presented
- Whether the evidence established that Lupe C. Flores was incompetent to pursue the action under Federal Rule of Civil Procedure 17(c).
- Whether the court should appoint a guardian ad litem or counsel for Flores.
- Whether the proceedings should be stayed and Flores required to file periodic case-management reports while a suitable guardian ad litem or counsel was sought.
Disposition
other
Cases Cited (16)
- Golden Gate Way, LLC v. Stewart, No. C 09-04458 DMR, 2012 WL 4482053, at *2-*3 (N.D. Cal. Sept. 28, 2012)(followed)
- In re Jessica G., 93 Cal. App. 4th 1180, 1186 (2001)(followed)
- Jurgens v. Dubendorf, No. 2:14-CV-2780-KJM-DAD, 2015 WL 6163464, at *3 (E.D. Cal. Oct. 19, 2015)(followed)
- Allen v. Calderon, 408 F.3d 1150, 1152-54 (9th Cir. 2005)(followed)
- Ferrelli v. River Manor Health Care Center, 323 F.3d 196, 203 (2d Cir. 2003)(persuasive)
- Thomas v. Humfield, 916 F.2d 1032, 1034 (5th Cir. 1990)(persuasive)
- Hoang Minh Tran v. Gore, No. 10cv464-GPC (DHB), 2013 WL 1625418, at *3 (S.D. Cal. Apr. 15, 2013)(persuasive)
- AT&T Mobility, LLC v. Yeager, 143 F. Supp. 3d 1042, 1042 (E.D. Cal. 2015)(persuasive)
- In re Conservatorship of Pamela J., 133 Cal. App. 4th 807, 827 (2005)(persuasive)
- United States v. 30.64 Acres of Land, 795 F.2d 796, 805 (9th Cir. 1986)(followed)
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Cited In (0)
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