J.M. v. Miller Creek School District

Background

J.M. applied to retroactively appoint S.M.L. as J.M.’s guardian ad litem from the filing of the case through the date J.M. filed a motion to substitute the guardian ad litem. A guardian ad litem is a person appointed to protect a minor’s interests in litigation.

Legal standard

Federal Rule of Civil Procedure 17(c)(2) requires the court to appoint a guardian ad litem, or issue another appropriate order, to protect a minor who is unrepresented in an action. The court explained that a person’s capacity to sue or be sued is determined by the law of that person’s domicile. Under California law, a minor who is a party to a lawsuit must appear through a guardian ad litem appointed by the court handling the case. In selecting a guardian, the court must consider whether the minor and proposed guardian have divergent interests.

Court’s analysis

S.M.L. stated that she was J.M.’s mother and had been independent and able to act in J.M.’s best interest during the relevant period. The court found no actual or potential conflict of interest between S.M.L. and J.M. The defendants did not object to the application, and the time for objections had passed.

Disposition

The court granted J.M.’s application to retroactively appoint S.M.L. as guardian ad litem from the filing of the case through the date J.M. filed the motion to substitute the guardian ad litem. The court also reset the hearing on J.M.’s partial motion for summary judgment and the case-management conference for October 12, 2023, at 1:00 p.m. by videoconference. The parties were ordered to file an updated joint case-management conference statement by October 5, 2023.