Metropolitan Life Insurance Company v. Molina

Metropolitan Life Insurance Co. v. Molina, No. 1:23-cv-01553-CDB (E.D. Cal. Mar. 11, 2025) · United States District Court for the Eastern District of California · March 11, 2025 · No. 1:23-cv-01553-CDB

Summary

The United States District Court for the Eastern District of California found Cross-Defendant Lupe C. Flores incompetent to pursue the action under Federal Rule of Civil Procedure 17, applying North Carolina competency law. The court denied renewed motions for appointment of a guardian ad litem and counsel because no suitable person had been identified, stayed the action, and required status reports every 90 days. The court permitted Flores to renew her guardian ad litem motion upon identifying a willing and suitable candidate.

Holdings

  1. Flores was incompetent to pursue the action because the medical evidence, her declarations, and the testimony at the competency hearing established that her logopenic primary progressive aphasia significantly impaired her communication, comprehension, and ability to make informed decisions concerning her affairs.
  2. The court denied the renewed motions for appointment of a guardian ad litem and counsel because no suitable individual willing and able to serve had been identified, while preserving the ability to appoint one when an appropriate person is located.
  3. The action was stayed pending identification and appointment of a suitable guardian ad litem or counsel, with Flores permitted to renew her motion when she identifies a willing guardian ad litem.

Questions Presented

  1. Whether Flores was incompetent to pursue the action under Federal Rule of Civil Procedure 17 and applicable North Carolina law.
  2. Whether the court was required to appoint a guardian ad litem or counsel after finding Flores incompetent.
  3. Whether the action should be stayed and subject to periodic case-management reports while the court sought a suitable guardian ad litem or counsel.

Disposition

other

Cases Cited (14)

  • Tarlton v. Town of Red Springs, No. 5:15-CV-451-BO, 2017 WL 4782641 (E.D.N.C. Oct. 23, 2017)(followed)
  • Matter of M.S.E., 378 N.C. 40, 44(followed)
  • Nicholson v. Zimmerman, No. 1:19CV585, 2020 WL 5518701 (M.D.N.C. Sept. 14, 2020)(followed)
  • In re Ivers, No. 19-20026-E-13, 2019 WL 6033198 (Bankr. E.D. Cal. Nov. 8, 2019)(followed)
  • Allen v. Calderon, 408 F.3d 1150, 1152-1154 (9th Cir. 2005)(followed)
  • Ferrelli v. River Manor Health Care Ctr., 323 F.3d 196, 203 (2d Cir. 2003)(followed)
  • Thomas v. Humfield, 916 F.2d 1032, 1034 (5th Cir. 1990)(followed)
  • Hoang Minh Tran v. Gore, No. 10cv464-GPC (DHB), 2013 WL 1625418 (S.D. Cal. Apr. 15, 2013)(followed)
  • AT&T Mobility, LLC v. Yeager, 143 F. Supp. 3d 1042, 1042 (E.D. Cal. 2015)(followed)
  • United States v. 30.64 Acres of Land, 795 F.2d 796, 805 (9th Cir. 1986)(followed)

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