Estate of Brion E. Spidle, Deceased, by and through its Successors-in-Interest, B.S. and E.S., minor children, et al. v. Jerry Ouriques

Opinion

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 ESTATE OF BRION E. SPIDLE, Deceased, Case No. 1:26-cv-04920-SAB 11 by and through its Successors-in- Interest, B.S. and E.S., minor children, et al., ORDER GRANTING PETITION FOR 12 APPOINTMENT OF GUARDIAN AD Plaintiffs, LITEM AND APPOINTING BRITTANY 13 JACKSON AS GUARDIAN AD LITEM FOR v. B.S. AND E.S. 14 JERRY OURIQUE, (ECF No. 4) 15 Defendant. 16 17 Before the Court is movant Brittany Jackson’s petition for appointment of herself as 18 guardian ad litem for Plaintiffs B.S. and E.S., minors. (ECF No. 4.) These Plaintiffs are the 19 minor children of decedent Brion Spidle, who died following an attack while in custody at 20 Pleasant Valley State Prison. (ECF No. 1, ¶¶ 5-7, 36.) Minor children Plaintiffs and the Estate 21 of Brion Spidle bring various causes of action relating to the alleged wrongful death of decedent. 22 Brittany Jackson seeks an order appointing her, the mother of Plaintiff B.S. and E.S.,1 as 23 guardian ad litem for the minor children. For the following reasons, the Court will grant the 24 petition. 25 “A minor or an incompetent person who does not have a duly appointed representative 26 may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad 27 litem—or issue another appropriate order—to protect a minor or incompetent person who is 1 unrepresented in an action.” Fed. R. Civ. P. 17(c)(2). An individual’s capacity to sue is 2 determined by the law of the individual’s domicile. Fed. R. Civ. P. 17(b). Under California law, 3 an individual under the age of eighteen is a minor. Cal. Fam. Code § 6500. A minor may bring 4 suit as long as a guardian conducts the proceedings and the court may appoint a guardian ad 5 litem to protect the minor’s interests in the litigation. Cal. Fam. Code § 6601; Cal. Civ. Proc. 6 Code § 372(a); Williams v. Super. Ct., 147 Cal. App. 4th 36, 46-47 (2007). 7 The court “has broad discretion in ruling on a guardian ad litem application.” Williams, 8 147 Cal. App. 4th at 47. In the case of parent representatives, “‘[w]hen there is a potential 9 conflict between a perceived parental responsibility and an obligation to assist the court in 10 achieving a just and speedy determination of the action,’ a court has the right to select a guardian 11 ad litem who is not a parent if that guardian would best protect the child's interests.” Id. at 49, 12 quoting M.S. v. Wermers, 557 F.2d 170, 175 (8th Cir. 1977). Thus, “if the parent has an actual 13 or potential conflict of interest with his [or her] child, the parent has no right to control or 14 influence the child’s litigation.” Id. at 50. If, on the other hand, “a parent brings an action on 15 behalf of a child, and it is evident that the interests of each are the same, no need exists for 16 someone other than the parent to represent the child’s interests under Rule 17(c).” J.M. v. 17 Liberty Union High Sch. Dist., No. 16-cv-05225-LB, 2016 WL 4942999, at *1 (N.D. Cal. Sept. 18 16, 2016) (citing cases). “‘In the absence of a conflict of interest, the appointment is usually 19 made on application only and involves little exercise of discretion.’” Williams, 147 Cal. App. 20 4th at 47 (internal ellipsis omitted), quoting In re Marriage of Caballero, 27 Cal. App. 4th 1139, 21 1149 (1994). 22 Plaintiffs B.S. and E.S. are the minor children of decedent and Jackson. (ECF No. 4-1, 23 Declarations of Brittany Jackson, ¶ 3.)2 Plaintiffs B.S. and E.S. bring causes of action against 24 Defendant on which a suit could be brought in this Court, pursuant to 42 U.S.C. § 1983. (ECF 25 No. 1, pp. 2, 17-29.) A parent may serve as guardian ad litem if the parent does not have an 26 adverse interest. Williams, 147 Cal. App. 4th at 47. Jackson’s petitions to appoint herself as 27 2 Jackson submits a declaration for each minor child. (ECF No. 4-1.) The declarations mirror the relevant 1 | B.S.’s and E.S.’s guardian ad litem (ECF No. 4-1, § 1), and the Court finds no conflicts in their 2 | claims. See J.M., 2016 WL 4942999, at *2 (Generally, when a minor is represented by a parent 3 | who is a party to the lawsuit and who has the same interests as the child there is no inherent 4 | conflict of interest.”’). 5 Accordingly, it is HEREBY ORDERED that: 6 1. The petition to appoint a guardian ad litem (ECF No. 4) is GRANTED; and 7 2. Brittany Jackson is appointed as guardian ad litem for minors B.S. and E.S. 8 , | IT IS SO ORDERED. FA. ae 10 | Dated: _ June 29, 2026 ; STANLEY A. BOONE 1] United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28