A.

A. v. City of Sunnyvale

Good Law
United States District Court, Northern District of CaliforniaJanuary 6, 20255:24-cv-09312California669 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 A. A., Case No. 24-cv-09312-VKD

Plaintiff,

ORDER GRANTING APPLICATION

v. TO APPOINT GUARDIAN AD LITEM

CITY OF SUNNYVALE, et al., Re: Dkt. No. 2 Defendants.

13 Plaintiff A.A., a minor, sues the City of Sunnyvale and several of its officers for alleged excessive force in violation of his civil rights under federal and state law. See Dkt. No. 3. A.A.’s mother, Maria Lopez, moves for an order appointing her as A.A.’s guardian ad litem. Dkt. No. 2. Rule 17 provides that “[a] minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem.” Fed. R. Civ. P. 17(c)(2). “The 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. An individual’s capacity to sue is determined by the law of the individual’s…

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