Brasil

Brasil v. City of San Jose

Good Law
United States District Court, Northern District of CaliforniaAugust 22, 20223:22-cv-03560California684 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 RAQUEL BRASIL, et al., Case No. 22-cv-03560-VKD

Plaintiffs,

ORDER GRANTING MOTION TO

v. APPOINT GUARDIAN AD LITEM

CITY OF SAN JOSE, et al., Re: Dkt. No. 9 Defendants.

13 Plaintiffs Raquel Brasil, her husband Mario Hernandez, and their minor children, S.H., K.H. and E.H., sue the City of San Jose, Officer George Brown, and Erik Brunner for civil rights violations, assault, battery, and emotional distress. Ms. Brasil now moves for an order appointing her as guardian ad litem for S.H., K.H., and E.H. Rule 17 provides that “[a] minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem.” Fed. R. Civ. P. 17(c)(2). “The 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. An individual’s capacity to sue is …

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