Brock

Brock v. County of Fresno

Good Law
United States District Court, Eastern District of CaliforniaNovember 21, 20191:18-cv-01615California617 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST O’NEIL RAHKIN BROCK, No. 1:18-cv-01615-DAD-EPG Plaintiff, v. ORDER GRANTING PLAINTIFF’S MOTION

TO APPOINT KAREN NORRIS AS

COUNTY OF FRESNO, on behalf of GUARDIAN AD LITEM Fresno County Sheriff’s Department, (Doc. No. 16) Defendant.

17 On October 10, 2019, plaintiff Ernest O’Neil Rahkin Brock filed a motion requesting that Karen Norris, his grandmother, be appointed his guardian ad litem in this action due to plaintiff’s incapacitation and incompetence as a result of having suffered a traumatic brain injury. (Doc. No. 16.) The motion is unopposed. A person’s capacity to sue or be sued is determined by the standard of the law of his domicile, which here is California law. See Fed. R. Civ. P. 17(b)(1). “In California, a party is incompetent if he or she lacks the capacity to understand the nature or consequences of the proceeding, or is unable to assist counsel in the preparation of the case.” AT&T…

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