Brasil v. City of San Jose
- James Donato
- 3:22-cv-03560
- U.S. District Court · Northern District of California
- 2
In Brasil v. City of San Jose, Judge DeMarchi appointed Raquel Brasil to represent her three minor children.
Raquel Brasil and her minor children, S.H., K.H., and E.H.; the appointment concerns the children’s representation in the lawsuit.
What happened
In Brasil v. City of San Jose, Raquel Brasil asked the court to appoint her as guardian ad litem for her minor children, S.H., K.H., and E.H. The lawsuit alleges civil-rights violations, assault, battery, and emotional distress against the City of San Jose, Officer George Brown, and Erik Brunner.
The court said a guardian ad litem represents a minor’s interests in a lawsuit. It found that Brasil was competent and willing to serve and that the record showed no conflict of interest between her and the children.
The court granted the motion and appointed Brasil as guardian ad litem for S.H., K.H., and E.H. The order was signed by Judge Virginia K. DeMarchi.
The detailed version
- Brasil v. City of San Jose · No. 3:22-cv-03560
- James Donato
- Aug. 22, 2022
Background
Raquel Brasil, her husband Mario Hernandez, and their minor children, S.H., K.H., and E.H., sued the City of San Jose, Officer George Brown, and Erik Brunner. The complaint asserts civil-rights violations, assault, battery, and emotional-distress claims. Brasil moved for appointment as guardian ad litem for S.H., K.H., and E.H.
Legal standard
Federal Rule of Civil Procedure 17(c) requires a court to appoint a guardian ad litem, or issue another appropriate order, to protect a minor who is unrepresented in an action. A guardian ad litem conducts the litigation for the minor. The court explained that appointment is generally made when the proposed guardian is competent and there is no actual or potential conflict of interest with the child. If such a conflict exists, the court may select a different guardian to protect the child’s interests.
Ruling
The court found that Brasil was competent and willing to serve as guardian ad litem for each child. Nothing in the record indicated a conflict of interest between Brasil and S.H., K.H., or E.H., or any other reason to deny the application. Judge Virginia K. DeMarchi granted the motion and appointed Brasil as guardian ad litem for all three children.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.