N. R.S. v. Twin Rivers Unified School District

• Court: District Court, E.D. California
• Decided: August 1, 2023
• Docket: 2:23-cv-01282
• Status: Unknown

Opinion

88Colleen A. Snyder (SB No. 274064) 1 colleen@snydershaw.com Daniel R. Shaw (SB No. 281387) 2 daniel@snydershaw.com Snyder & Shaw LLP 3 3196 S. Higuera St. Suite E San Luis Obispo, CA 93401 4 Telephone: (805) 439-4646 Facsimile: (805) 301-8030 5 Attorneys for Plaintiff 6

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CASE NO. 2:23-cv-01282-MCE-JDP N.R.S., a minor, by and through her

12 guardian ad litem, A.S., ORDER GRANTING PETITION 13 Plaintiff, FOR APPOINTMENT OF 14 GUARDIAN AD LITEM v.

15 TWIN RIVERS UNIFIED SCHOOL 16 DISTRICT, 17 Defendant. 18

19 On June 30, 2023, A.S., parent and proposed guardian ad litem of N.R.S., a 20 minor, filed an action against the Defendant Twin Rivers Unified School District 21 (“the District”), alleging violations of the Individuals with Disabilities in Education 22 Act. On July 24, 2023, Plaintiff filed an Amended Petition to appoint her mother, 23 Angeles Soberanes, as guardian ad litem. 24 25 “To maintain a suit in a federal court, a child or mental incompetent must be 26 represented by a competent adult.” Doe ex rel. Sisco v. Weed Union Elementary 27 School Dist., 2:13-cv-01145, 2013 WL 2666024 at *1 (E.D. Cal. June 12, 2013). 1 || Federal Rule of Civil Procedure 17(c) governs the appearance of minors and 2 || incompetent persons in federal court. Rule 17(c)(1) prescribes: “The following 3 || representative may sue or defend of behalf of a minor or incompetent person: (A) a 4 || general guardian; (B) a committee; (C) a conservator; or (D) a like fiduciary.” Rule 5 || 17(c)(2) states that, “[a] minor or an incompetent person who does not have a duly 6 || appointed representative may sue by a next friend or by a guardian ad litem. The 7 || court must appoint a guardian ad litem—or issue another appropriate order—to 8 || protect a minor or incompetent person who is unrepresented in an action.” 9 A court has broad discretion in ruling on a guardian ad litem application. 10 || Basque v. Cty. of Placer, 2017 U.S. Dist. LEXIS 117290 at *2 (E.D. Cal. July 26, 11 ||2017). In general, a parent is presumed to act in his or her child’s best interest. See 12 || Parham v. J.R., 442 U.S. 584, 604 (U.S. 1979). Upon review, the Court finds 13 || Plaintiff's Petition to appoint Angeles Soberanes as her guardian ad litem should be || granted. Ms. Soberanes, as N.R.S.’s mother, is presumed to act in her best interest. 15 Accordingly, IT IS ORDERED that: 7, Plaintiff's Amended Petition for Guardian ad Litem is GRANTED; and 9, Angeles Soberanes is hereby appointed as N.R.S.’s guardian ad litem. 18 IT IS SO ORDERED. 19]| Dated: July 31, 2023 CF 20 21 29 SENIOR UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28