Ibarra v. Martin O'Malley
- Susan Illston
- 3:23-cv-01037
- U.S. District Court · Northern District of California
- 2
In Ibarra v. Kijakazi, Judge Illston denied the petition to remove Nicolas Ibarra’s guardian ad litem.
Nicolas Ibarra and Laura Huitrón; the ruling leaves Huitrón as Ibarra’s guardian ad litem for this case.
What happened
In Nicolas Ibarra v. Kilolo Kijakazi, the court had appointed Laura Huitrón as guardian ad litem for Ibarra because he had been found not competent in state criminal proceedings and was committed to a state hospital.
Ibarra’s counsel, Steven Bruce, asked the court to remove Huitrón under Federal Rule of Civil Procedure 17(c). The government opposed the request, and the court held a hearing after reviewing the parties’ filings and additional declarations.
Judge Susan Illston denied the petition. The court concluded that it did not identify an actual or potential conflict of interest, or another reason that justified removing Huitrón.
The detailed version
- Ibarra v. Martin O'Malley · No. 3:23-cv-01037
- Susan Illston
- June 14, 2024
Background
After a hearing on March 29, 2024, the court appointed Laura Huitrón as guardian ad litem for her son, plaintiff Nicolas Ibarra. A guardian ad litem is a person appointed to make litigation decisions for a party who cannot adequately do so. The appointment order stated that Huitrón could litigate the case for Ibarra and enter into a legally binding settlement agreement on his behalf.
The court had previously denied a request to appoint Ibarra’s counsel, Steven Bruce, as guardian ad litem. The opinion states that Ibarra had been found not competent in state court criminal proceedings and was then committed to a state hospital for an undetermined period.
Petition to Remove the Guardian Ad Litem
On May 14, 2024, Bruce filed a petition seeking removal of Huitrón under Federal Rule of Civil Procedure 17(c), along with his declaration. The government filed an opposition, and Bruce filed a reply and additional declarations. The court held a hearing on June 14, 2024.
The court explained that, after appointing a guardian ad litem, it must continue supervising the guardian’s work. It also stated that a guardian ad litem may be removed if the guardian does not act responsibly, if a conflict of interest arises, or if the guardian improperly represents the incompetent party.
Ruling
The court DENIED the petition for removal of Huitrón as guardian ad litem for Nicolas Ibarra. It agreed with the government that the petition did not identify any actual or potential conflict of interest or another reason justifying removal.
Disposition
The petition to remove Laura Huitrón as guardian ad litem was denied.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.