Summary
The United States District Court for the Northern District of California denied Justin Stahl’s motion for reconsideration of the denial, without prejudice, of his request to be appointed guardian ad litem for his minor children. The court found no change in law or facts, clear legal error, or established conflict of interest warranting reconsideration, and directed Stahl to submit a new guardian ad litem motion within thirty days.
Holdings
- Reconsideration was unwarranted because Stahl identified no change in law or facts, clear legal error, or other basis recognized by Federal Rule of Civil Procedure 54(b) and Civil Local Rule 7-9(b).
- Stahl did not establish an actual conflict of interest involving the children's mother, and his assertion that he believed her interests were adverse did not establish that a conflict existed.
Questions Presented
- Whether reconsideration of the prior interlocutory order denying Stahl's appointment as guardian ad litem was warranted based on alleged overlooked material facts or dispositive legal arguments.
- Whether Stahl's declaration established an actual conflict of interest sufficient to excuse obtaining the children's mother's consent to his appointment as guardian ad litem.
Disposition
other
Cases Cited (2)
- McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999) (per curiam)(followed)
- Williams v. Superior Ct., 147 Cal. App. 4th 36, 47 (2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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