D.D.
D.D. v. County of Kern
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
D. D., ) Case No.: 1:20-cv-00064-DAD-JLT ) Plaintiff, ) ORDER GRANTING PETITION TO APPOINT ) TOM DURBIN AS GUARDIAN AD LITEM FOR v. ) THE MINOR PLAINTIFF ) COUNTY OF KERN, et al., ) (Doc. 2) Defendants. ) ) )
D.D. initiated this action by filing a complaint on January 13, 2020 and petitioning the Court to appoint Tom Durbin as his guardian ad litem in this action. (Doc. 2.) Pursuant to the Federal Rules of Civil Procedure, “[a] minor . . . who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem.” Fed. R. Civ. P. 17(c)(2). In addition, 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). Here, Plaintiff 24 …