S.G.

S.G. v. Tehachapi Unified School District

Good Law
United States District Court, Eastern District of CaliforniaMarch 11, 20251:25-cv-00233California1,286 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 GRANTING RENEWED EX PARTE

APPLICATION FOR APPOINTMENT OF

v. GUARDIAN AD LITEM OF MINOR S.G.

TEHACHAPI UNIFIED SCHOOL (Doc. 9) DISTRICT, et al.,

Defendants. 16

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

Sheila Rosario Flores Gutierrez, as guardian ad litem, filed March 10, 2025. (Doc. 9). 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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