Stahl
Justin Stahl v. Cynthia Chen, et al.
Opinion
Trial Court Opinion
I. BACKGROUND
18 Because it was unclear from the record, the Court requested further information regarding 19 whether Mr. Stahl has the legal authority to make necessary decisions for this litigation on behalf 20 of the Minor Plaintiffs without the written consent of a third party. ECF No. 12. Mr. Stahl 21 submitted a Supplemental Declaration in support of the motion for appointment of guardian ad 22 litem, to which he attached relevant family court orders. See Supplemental Declaration of Justin 23 Stahl in Support of Motion for Appointment of Guardian Ad Litem, ECF No. 13 (“Stahl Supp. 24 Decl.”), Exs. A, B.
II. DISCUSSION
26 “A minor or an incompetent person who does not have a duly appointed representative 27 may sue by a next friend or by a guardian ad litem. 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.” Fed. R. Civ. P. 17(c)(2). The determination of an individual’s capacity to sue is made based on “the law of the individual’s domicile.” Id. 17(b)(1). From the record, Mr. Stahl and the Minor Plaintiffs appear to be residents of…