A. v. City of Sunnyvale

Background

A.A., identified as a minor, sued the City of Sunnyvale and several officers for alleged excessive force in violation of federal and state civil-rights law. Maria Lopez, identified as A.A.’s mother, filed an application asking to be appointed A.A.’s guardian ad litem.

A guardian ad litem is an adult appointed to represent and protect a minor’s interests in a lawsuit. Federal Rule of Civil Procedure 17 provides that a minor without a duly appointed representative may sue through a next friend or guardian ad litem, and that the court must appoint one or issue another appropriate order to protect an unrepresented minor.

Court’s Analysis

The court stated that a minor’s capacity to sue is determined by the law of the minor’s domicile and noted that California law treats a person under 18 as a minor. Under the cited California law, a minor may sue when a guardian conducts the proceedings, and the court may appoint a guardian ad litem.

The court also explained that it must consider whether a parent has an actual or potential conflict of interest with the child. If there is no conflict, appointment of the parent generally requires little discretion. Here, the record indicated that Lopez was competent and willing to serve, and nothing in the record showed a conflict of interest between Lopez and A.A. or any other reason to deny the application.

Disposition

The court granted the application and appointed Maria Lopez as guardian ad litem for A.A. The order did not decide the alleged excessive-force claims or otherwise resolve the underlying lawsuit.