S.G.
S.G. v. Tehachapi Unified School District
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…