Estate of Ezekiel Rivera v. Kern County Sheriff's Department

Good Law
United States District Court, Eastern District of CaliforniaFebruary 12, 20241:24-cv-00176California1,024 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ESTATE OF EZEKIEL RIVERA, et al. Case No. 1:24-cv-00176-JLT-CDB

Plaintiffs, ORDER GRANTING PETITION FOR

APPOINTMENT OF GUARDIAN AD LITEM OF

v. MINOR E.R.

KERN COUNTY SHERIFF’S (Doc. 8) DEPARTMENT, et al. 15 Defendants. 16

On February 8, 2024, Plaintiff E.R. filed a petition to appoint Josephina Villareal as his

guardian ad litem. (Doc. 3). On February 9, 2024, the Court denied Plaintiff E.R.’s petition without prejudice as the motion did not comply with Local Rule 202. (Doc. 7). That same day, Plaintiff E.R. filed a renewed petition for appointment of guardian ad litem. (Doc. 8). Legal Standard Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of a minor or incompetent person may sue or defend on the minor or incompetent person’s behalf. Fed. R. Civ. P. 17(c). 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…

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