AT&T Mobility, LLC v. Yeager

143 F. Supp. 3d 1042, 2015 U.S. Dist. LEXIS 152787, 2015 WL 6951291
CourtDistrict Court, E.D. California
DecidedNovember 10, 2015
DocketNo. 2:13-cv-0007-KJM-DAD
StatusPublished
Cited by98 cases

This text of 143 F. Supp. 3d 1042 (AT&T Mobility, LLC v. Yeager) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AT&T Mobility, LLC v. Yeager, 143 F. Supp. 3d 1042, 2015 U.S. Dist. LEXIS 152787, 2015 WL 6951291 (E.D. Cal. 2015).

Opinion

ORDER

Kimberly J. Mueller, UNITED STATES DISTRICT JUDGE

On September 14, 2015, the court held an evidentiary hearing on the question of the competency of General Charles E. “Chuck” Yeager (Ret.) to proceed in this case without representation. General Yeager and Victoria Yeager appeared without counsel at that hearing, General Yeager representing himself and Victoria Yeager representing herself. Kennedy Luvai appeared by telephone on behalf of interve-nor Parsons Behle & Latimer. For the following reasons, the court finds it must [1045]*1045appoint a guardian ad litem to protect General Yeager’s interests in this case.

I. BACKGROUND

A. Procedural History

The court summarized the procedural history of this case in previous orders. See, e.g., Order July 21, 2015, at 2-4, ECF No. 204. In short, General Yeager filed a complaint in this court in 2007, alleging AT&T Mobility LLC and others used his name to promote their products without his permission. John Zarian and Kennedy Luvai, now of Parsons Behle, represented him at trial. After the trial, the jury awarded General Yeager $135,000. He was also awarded attorneys’ fees and costs in excess of $170,000.

In January 2013, AT&T filed a complaint in interpleader in this court, depositing the verdict amount and fee award. It listed several adverse claims to those funds, including from General Yeager and several attorneys. Parsons Behle also intervened, asserting a claim to the inter-pleaded funds derived from unpaid legal fees incurred during the previous trial. A new trial nearly began on the fee dispute between Parsons Behle and General Yeager, but four days before the trial date, General Yeager and Parsons Behle notified the court they had settled. At that time, General Yeager was represented by another attorney, Parker White. However, General Yeager refused to sign the settlement agreement, declaring he had not agreed to its terms, and in October 2014, Parsons Behle sought an order enforcing settlement. ECF No. 128. That motion remains pending today.

Parker White withdrew as counsel for the Yeagers, and the court found the settlement agreement would be enforceable if he possessed authority to enter into it on General Yeager’s behalf. Victoria Yeager intervened to defend her rights in the settlement agreement, and the court held an evidentiary hearing on Parker White’s authority on March 24, 2015. General Yeager represented himself and Victoria Yeager represented herself.

B. Development of Concerns about General Yeager’s Competency

General Yeager’s demeanor and behavior at the March 2015 evidentiary hearing led the court to develop substantial questions about his competency. In particular, his demeanor and responses to the court’s questions were markedly different from his demeanor and responses in the underlying AT&T trial. When asked at the end of the hearing whether General Yeager was competent to represent himself, Mrs. Yeager answered emphatically that he was not. The court therefore ordered the parties to respond to its concern that a hearing on General Yeager’s competency was required. The parties submitted responsive briefs.

After careful consideration, the court concluded, “General Yeager ‘may be suffering from a condition that materially affects his ability to represent himself or otherwise understand the nature of the proceedings.’ ” Order May 21, 2015, at 5, ECF No. 185 (quoting United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat Cnty., State of Wash. (Acres), 795 F.2d 796, 805 (9th Cir.1986)). This conclusion was based on three points: (1) Mrs. Yeager believed General Yeager was not competent to represent himself; (2) General Yeager bore the burden at the evidentiary hearing to demonstrate Parker White had acted without authority, but General Yeager did not testify, called no witnesses, asked no questions of any witness, introduced no exhibits, made no objections, and expressed confusion when asked whether he would examine any witnesses; and (3) at the March 2015 hearing, General Yeager relied heavily on Mrs. Yeager’s assistance, who wrote answers for him to repeat to the court. Id.

[1046]*1046Because these facts raised substantial questions about General Yeager’s competence, the court concluded it was bound to exercise its “legal obligation” under Federal Rule of Civil Procedure 17(c) to consider whether the appointment of a guardian or some other order was necessary to protect his interests in this case. See id. at 2 (citing Allen v. Calderon, 408 F.3d 1150, 1153 (9th Cir;2005); Acres, 795 F.2d at 805; and Krain v. Smallwood, 880 F.2d 1119, 1121 (9th Cir.1989)). The court set a hearing for June 2, 2015, at which General Yeager was to appear and (1) advise the court whether he would consent to the appointment of a guardian ad litem; (2) identify the names of two persons who are able to serve as guardian ad litem; and (3) explain each proposed guardian ad litem’s qualifications and say whether each would consent to fulfilling that role. Id. at 6.

C. Hearing on General Yeager’s Consent to the Appointment of a Guardian Ad Litem

The June 2, 2015 hearing went forward as scheduled. Minutes, ECF No. 193; see also Order, Aug. 11, 2015, ECF No. 205. General and Mrs. Yeager appeared, each pro se. General Yeager was provided with a headset to amplify the court’s and the parties’ speech. Court reporters also provided a simultaneous written transcription of the hearing, which was displayed on a screen General Yeager could see and read. A few minutes into the hearing, in an effort to ensure General Yeager could hear and see the court and understand its questions, the court stepped down from the bench and stood at the lectern immediately in front of General Yeager.

General Yeager confirmed several times that he could hear the court’s questions and could read them on the screen. When asked whether he understood the purpose of the hearing, he expressed confusion and did not respond. When asked whether he understood what a guardian or guardian ad litem was, he was again confused and did not answer. When asked whether he was willing to have the court appoint someone to assist him with the litigation, he said, “Next question.” When asked again, he said he would appoint Mrs. Yeager. The court’s previous order clarified that because Mrs. Yeager’s interests in this litigation differ from those of General Yeager, she cannot be appointed as his guardian ad litem. Order May 21, 2015, at 6. When the court asked whether General Yeager would agree to the appointment of some other person, he did not respond.

Mrs. Yeager informed the court General Yeager had brought a written declaration to the hearing, and the court asked General Yeager whether he wanted to read it. He read the names of some of the parties in this case, apparently from the caption, and then read the following:

I, Charles E. Yeager, declare I object to the court stopping me from assigning Victoria Yeager as guardian ad litem. I’m quite able to make decisions such as [whether] to settle and on what terms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
143 F. Supp. 3d 1042, 2015 U.S. Dist. LEXIS 152787, 2015 WL 6951291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/att-mobility-llc-v-yeager-caed-2015.