DeLuca

DeLuca v. Kern County Sheriff's Office

Good Law
United States District Court, Eastern District of CaliforniaDecember 16, 20241:24-cv-01524California1,366 words

Opinion

Trial Court Opinion

Background 18 Plaintiffs Jennifer DeLuca and minors M.D. and G.D., by and through their proposed guardian 19 ad litem Anthony DeLuca, the minors’ biological maternal grandfather (collectively, “Plaintiffs”), 20 commenced this civil rights action with the filing of a complaint against Defendants Kern County, 21 Kern County Sheriff’s Office, Kern County Hospital Authority, and Sheriff Donny Youngblood 22 (collectively, “Defendants”) on December 12, 2024. (Doc. 1). 23 Pending before the Court are the motions of minor Plaintiffs M.D. and G.D. to appoint their 24 biological maternal grandfather, Anthony DeLuca, as guardian ad litem, filed December 12, 2024. 25 (Docs. 3, 4). 26 Applicable Legal Standard 27 Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of a minor may 28 sue or defend on the minor’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…

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