Palomares
Palomares v. City of Arvin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MANUEL PALOMARES, Case No. 1:21-cv-01745-JLT-CDB
Plaintiff, ORDER DENYING PETITION TO APPOINT
GUARDIAN AD LITEM WITHOUT
v. PREJUDICE
CITY OF ARVIN, ET AL., (Doc. 27)
Defendants.
16 Pending before the Court is Plaintiff’s petition to appoint his niece, Violeta Negrete Garcia (Garcia), as his guardian ad litem. (Doc. 27). Because the petition does not provide substantial evidence of incompetence and does not conform to the requirements of Local Rule 202, the petition will be denied without prejudice. LEGAL STANDARD Under Rule 17 of the Federal Rules of Civil Procedure, a representative of an incompetent person may litigate on that person’s behalf. Fed R. Civ. P. 17(c)(2). “The court is under a ‘legal obligation’ to consider whether an incompetent person is adequately protected.” Jurgens v. Dubendorf, No. 2:14-cv-2780-KJM-DAD, 2015 WL 6163464, *3 (E.D. Cal. Oct. 19, 2015) 26 …