Palomares

Palomares v. City of Arvin

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20231:21-cv-01745California1,094 words

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 GRANTING PETITION TO

APPOINT GUARDIAN AD LITEM

v. (Docs. 31, 34) CITY OF ARVIN, ET AL., Defendants. 16 Pending before the Court is Plaintiff’s petition to appoint his niece, Violeta Negrete Garcia (Garcia), as his guardian ad litem. (Doc. 31). The Court ordered Plaintiff to submit supplemental briefing so that his petition complies with Local Rule 202(c). On March 21, 2023, Plaintiff filed a supplement. (Doc. 34). Defendants have not filed an opposition to the petition, and the time to do so has passed. 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…

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