S.G.

S.G. v. Tehachapi Unified School District

Good Law
United States District Court, Eastern District of CaliforniaFebruary 25, 20251:25-cv-00233California1,168 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

S.G., Case No. 1:25-cv-00233-KES-CDB

Plaintiff, ORDER DENYING EX PARTE APPLICATION

FOR APPOINTMENT OF GUARDIAN AD LITEM

v. OF MINOR S.G.

TEHACHAPI UNIFIED SCHOOL (Doc. 2) DISTRICT, et al., 15 14-Day Deadline Defendants. 16

Pending before the Court is the application of minor Plaintiff S.G. to appoint his mother, Sheila

Rosario Flores Gutierrez, as guardian ad litem, filed February 21, 2025. (Doc. 2). 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…

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