J.M.

J.M. v. Miller Creek School District

Good Law
United States District Court, Northern District of CaliforniaAugust 18, 20234:22-cv-06105California535 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 J.M., Case No. 22-cv-06105-DMR

Plaintiff,

ORDER GRANTING APPLICATION

v. FOR RETROACTIVE APPOINTMENT

OF GUARDIAN AD LITEM

MILLER CREEK SCHOOL DISTRICT, et al., Re: Dkt. No. 44 11 Defendants. 12 Pending before the court is Plaintiff J.M.’s application to retroactively appoint S.M.L. as J.M.’s guardian ad litem from the filing of the case through the date Plaintiff filed a motion to substitute the guardian ad litem. [Docket No. 44.] Federal Rule of Civil Procedure 17 provides that “[t]he 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.” Fed. R. Civ. P. 17(c)(2). An individual’s “[c]apacity to sue or be sued” is determined “by the law of the individual’s domicile.” Fed. R. Civ. P. 17(b)(1). Under California law, “a minor who is a party in a lawsuit must appear by a guardian ad litem appointed by…

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