C.

C. v. Modesto City Schools

Good Law
United States District Court, Eastern District of CaliforniaNovember 23, 20221:22-cv-01481California546 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 D.C. an incompetent adult; by and through Case No. 1:22-cv-01481-HBK his guardian ad litem DeNiece Murphy, ORDER GRANTING APPLICATION TO Plaintiff, APPOINT GUARDIAN AD LITEM 13 v. (Doc. No. 3) 14 MODESTO CITY SCHOOLS and STANISLAUS COUNTY OFFICE OF

EDUCATION,

16 Defendants. 17 Petitioner DeNiece Murphy, through counsel, filed an application for the Court to appoint DeNiece Murphy as guardian ad litem for the Plaintiff, D.C., an incompetent adult person on November 16, 2022. (Doc. No. 3). Petitioner submits a Declaration in Support. (Doc. No. 3-1). The Court grants the application. Federal Rule of Civil Procedure 17 provides for a representative of an incompetent person to sue or defend on an incompetent person’s behalf. Fed. R. Civ. P. 17(c). Similarly, the Local Rules of this Court, in pertinent part, states: Upon commencement of an action or upon initial appearance in defense of an action by or on behalf of a minor or…

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