F.R.

F.R. v. Santa Clara Unified School District

Good Law
United States District Court, Northern District of CaliforniaMay 5, 20235:23-cv-01840California688 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 F. R., a minor, by and through her Guardian Case No. 23-cv-01840-VKD Ad Litem, MILA ROMERO, 9 Plaintiff, ORDER GRANTING MOTION TO APPOINT GUARDIAN AD LITEM v. Re: Dkt. No.

SANTA CLARA UNIFIED SCHOOL

DISTRICT, et al., Defendants.

14 In this civil rights action, plaintiff F.R. asserts federal and state law claims arising out of 15 alleged abuse by defendants at school. F.R.’s mother, Mila Romero, moves for an order appointing 16 her as guardian ad litem for F.R. 17 Rule 17 provides that “[a] minor or an incompetent person who does not have a duly appointed 18 representative may sue by a next friend or by a guardian ad litem.” Fed. R. Civ. P. 17(c)(2). “The 19 court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or 20 incompetent person who is unrepresented in an action.” Id. An individual’s capacity to sue is 21 determined by the law of the individual’s domicile. Fed. R.…

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