EP.
EP. v. Tehachapi Unified School District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
E.P., Case No. 1:23-cv-01724-JLT-CDB
Plaintiff, ORDER RE: MOTION TO APPOINT GUARDIAN
AD LITEM OF MINOR E.P.
v. (Doc. 12) TEHACHAPI UNIFIED SCHOOL DISTRICT, et al., 14-DAY DEADLINE 15 Defendants. 16
Pending before the Court is Plaintiff E.P.’s (“Plaintiff”) motion to appoint Michel Hernandez-
Disla as guardian ad litem, filed on February 20, 2024. (Doc. 12). Because the motion does not comply with Local Rule 202, the Court will deny the motion without prejudice. 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 action.” Id. The capacity of an individual to sue is determined “by the law of the individual’s domicile.” Fed. R. Civ. P. 17(b)(1). …