Z.M.

Z.M. v. Kern High School District

Good Law
United States District Court, Eastern District of CaliforniaNovember 15, 20241:24-cv-01273California1,431 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

Z.M., Case No. 1:24-cv-01273-CDB

Plaintiff, ORDER GRANTING MOTION FOR

APPOINTMENT OF GUARDIAN AD LITEM OF

v. MINOR Z.M.

KERN HIGH SCHOOL DISTRICT, (Doc. 13)

Defendant.

Pending before the Court is the motion of minor Plaintiff Z.M. to appoint his father, A.M., as

guardian ad litem, filed November 8, 2024. (Doc. 13). 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 California law, an individual under the age of 18 is a minor, and a minor may bring suit if a…

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