K. v. Google LLC
- Virginia Demarchi
- 5:21-cv-08465
- U.S. District Court · Northern District of California
- 2
In M. K. v. Google LLC, Judge Demarchi appointed M.K.’s mother, Melanie Kirksey, as guardian ad litem after finding no conflict of interest.
M.K., the minor plaintiff, and Melanie Kirksey, whom the court appointed to represent M.K.’s interests in the litigation.
What happened
M. K. v. Google LLC concerns a minor’s federal and state privacy claims against Google LLC and Fremont Unified School District. M.K. asked the court to appoint his mother, Melanie Kirksey, to represent him in the lawsuit.
Federal Rule of Civil Procedure 17 allows a minor to sue through a guardian ad litem or another representative. The court considered whether M.K. and Kirksey had conflicting interests and whether Kirksey was able and willing to serve.
The court granted M.K.’s motion and appointed Kirksey as his guardian ad litem because the record showed that M.K. was a minor, Kirksey was competent and willing, and there was no apparent conflict. Judge Virginia K. Demarchi issued the order.
The detailed version
- K. v. Google LLC · No. 5:21-cv-08465
- Virginia Demarchi
- July 19, 2022
Background
M.K., a minor, sued Google LLC and Fremont Unified School District on federal and state claims related to alleged privacy violations. M.K. first applied to appoint his mother, Melanie Kirksey, as his guardian ad litem, and later filed a second application after the court requested additional information.
Legal standard
Federal Rule of Civil Procedure 17(c)(2) requires a court to appoint a guardian ad litem, or issue another appropriate order, to protect a minor who is unrepresented in a lawsuit. The court explained that a guardian ad litem represents the minor’s interests in the litigation. In deciding whether to appoint one, the court must consider whether the minor and proposed guardian have different or conflicting interests. A parent may generally serve when no conflict exists, but a different guardian may be selected if that would better protect the child.
Ruling
The court found that M.K. was a minor and that Kirksey, his natural mother, was competent and willing to serve. Nothing in the record indicated a conflict of interest between Kirksey and M.K. or any other reason to deny the application. The court therefore granted M.K.’s motion and appointed Kirksey as his guardian ad litem.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.