Munoz v. United States

Summary

The United States District Court for the Eastern District of California grants Maritsa Molina’s motion to be appointed guardian ad litem for her minor children, Bryan Munoz, Jerry Munoz-Molina, and Angelene Munoz-Molina. The court finds no conflict of interest that would preclude her appointment and vacates the previously scheduled hearing. The underlying action arises from injuries allegedly sustained when Bryan Munoz fell onto hot ashes at a recreation area.

Holdings

1. A district court must protect an unrepresented minor in litigation by appointing a guardian ad litem or issuing another appropriate order, and the court appointed Maritsa Molina as guardian ad litem for Bryan Munoz, Jerry Munoz-Molina, and Angelene Munoz-Molina.
2. Molina's status as a party did not preclude her appointment because the court found no conflict that would prevent her from serving the best interests of her children.

Questions Presented

1. Whether Maritsa Molina should be appointed guardian ad litem for her minor children under Federal Rule of Civil Procedure 17(c)(2).
2. Whether Molina's status as both a party and parent created a conflict of interest that precluded her appointment as guardian ad litem.

Disposition

other