(SS) Sanchez v. Commissioner of Social Security

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 SYLVIA SANCHEZ, on behalf of minor Case No.: 1:25-cv-00861-HBK 12 R.L.Y.,

13 Plaintiff, ORDER GRANTING PETITION TO 14 v. APPOINT GUARDIAN AD LITEM

15 COMMISSIONER OF SOCIAL SECURITY, (Doc. No. 3)

16 Defendant.

19 On July 15, 2025, Sylvia Sanchez initiated this action on behalf of minor Plaintiff R.L.Y., 20 seeking judicial review of a final decision of the Commissioner of Social Security denying the 21 minor’s application for disability insurance benefits and social security income benefits under the 22 Social Security Act. (Doc. No. 1). On the same day, Sylvia Sanchez, through counsel, filed a 23 Petition for Appointment of Guardian Ad Litem. (Doc. No. 3, “Petition”). Petitioner seeks 24 appointment of Sylvia Sanchez as guardian ad litem for R.L.Y. For the reasons set forth below, 25 the Court grants the Petition. 26 27 Federal Rule of Civil Procedure 17 provides for a representative of a minor or an 28 incompetent person to sue or defend on a minor or an incompetent’s behalf. Fed. R. Civ. P. 1 17(c). Similarly, this Court’s Local Rule 202(a) in pertinent part, states: 2 Upon commencement of an action or upon initial appearance in defense of an action by or on behalf of a minor ... the attorney representing the minor or 3 incompetent person shall present ... a motion for the appointment of a guardian ad 4 litem by the Court, or ... a showing satisfactory to the Court that no such appointment is necessary to ensure adequate representation of the minor or 5 incompetent person. 6 Appointment of a guardian ad litem is not a mere formality because the guardian “is 7 || authorized to act on behalf of his ward and may make all appropriate decisions in the course of 8 || specific litigation.” United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat 9 Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). A “guardian ad litem need not possess 10 || any special qualifications,” but must “be truly dedicated to the best interests of the person on 11 || whose behalf he seeks to litigate.” AT&T Mobility, LLC v. Yeager, 143 F.Supp.3d 1042, 1053- 12 || 54(E.D. Cal. 2015) (citations omitted). The Court has considered the application of Sylvia 13 || Sanchez for appointment as guardian ad litem for R.L.Y., a minor. Syliva Sanchez is not a party 14 || to the instant action. (See generally Doc. No. 1). She is the grandmother and guardian of R.L.Y. 15 and is familiar with the minor’s medical conditions. (Doc No. 3 at 1-2). The Court does not find 16 || any apparent conflict of interest or any other factors that demonstrate such appointment is not in 17 || the best interests of the minor Plaintiff. 18 Accordingly, it is ORDERED: 19 1. The Petition for Appointment of Guardian Ad Litem (Doc. No. 3) is GRANTED. 20 2. Sylvia Sanchez is appointed as guardian ad litem for R.L.Y. and is authorized to 21 prosecute this action on the minor’s behalf. 22 |! Dated: __August 21, 2025 Mb». Th Bares Bact □□ 4 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE 25 JUDGE 26 27 28