K.A.
K.A. v. Clinica Sierra Vista
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 11 K.A., a minor, Case No. 1:21-cv-01105-NONE-EPG 12 Plaintiff, 13 v. ORDER DENYING PETITION TO APPOINT GUARDIAN AD LITEM WITHOUT Clinica Sierra Vista, et al., PREJUDICE 15 Defendants. (ECF No. 3)
17 On July 20, 2021, Plaintiff K.A., a minor, through counsel, filed this action under the Federal Tort Claims Act, California statutory law, and California common law. (ECF No. 2). 19 Currently before the Court is Plaintiff’s petition to appoint her mother, Mayra P., as her guardian 20 ad litem. (ECF No. 3). Because the petition does not comply with Local Rule 202, the Court will 21 deny it without prejudice.
I. LEGAL STANDARDS
23 Under Federal Rule of Civil Procedure 17(c)(2), “[a] minor or an incompetent person who 24 does not have a duly appointed representative may sue by a next friend or by a guardian ad 25 litem.” Fed. R. Civ. P. 17(c)(2). Local Rule 202 further states, in pertinent part: 26 (a) Appointment of Representative or Guardian. Upon commencement of an action or upon…