Estate of Irene Rivera, et a. v. Kern County Sheriff's Office

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ESTATE OF IRENE RIVERA, et al., Case No. 1:24-cv-01141-KES-CDB

Plaintiffs, ORDER GRANTING MOTION FOR

APPOINTMENT OF GUARDIAN AD LITEM OF

v. MINOR R.R.

KERN COUNTY SHERIFF’S OFFICE, et al., (Doc. 5)

Defendants. 16

Pending before the Court is the motion of minor Plaintiff R.R. to appoint Plaintiff Bertha

Rivera as guardian ad litem, filed October 9, 2024. (Doc. 5). For the reasons set forth herein, Plaintiffs’ motion shall be GRANTED. Legal Standard Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of a minor or incompetent person may sue or defend on the minor or incompetent person’s behalf. Fed. R. Civ. P. 17(c). A court “must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person who is unrepresented in an action.” Id. The capacity of an individual to sue is determined “by the law of the individual’s domicile.” Fed. R. Civ. P. 17(b)(1). Under…