The Estate of Korina Adams, by Michele Darling, Personal Representative, et al. v. Carson City, et al.

Opinion

3 Case No.: 3:25-cv-00161-ART-CSD THE ESTATE OF KORINA ADAMS, by 4 Michele Darling, Personal Representative, et Order al., 5 Re: ECF No. 53 Plaintiffs 6 v. 7 CARSON CITY, et al.,

8 Defendants

9 10 Plaintiffs have filed a “Request for Appointment of Guardian Ad Litem” for the two 11 minor plaintiffs in this case, P.L. and R.A. (ECF No. 53.) 12 Under Rule 17(c)(2), “[t]he court must appoint a guardian ad litem--or issue another 13 appropriate order--to protect a minor or incompetent person who is unrepresented in an action.” 14 “[I]nfant and other incompetent parties are wards of any court called upon to measure and 15 weigh their interests [and t]he guardian ad litem is but an officer of the court.” Dacanay v. 16 Mendoza, 573 F.2d 1075, 1079 (9th Cir. 1978). “As a general matter, the decision whether to 17 appoint a guardian ad litem is ‘normally left to the sound discretion of the trial court.’” Elliott v. 18 Versa CIC, L.P., 328 F.R.D. 554, 556 (S.D. Cal. 2018) (quoting United States v. 30.64 Acres of 19 Land, 795 F.2d 796, 804 (9th Cir. 1986)) (internal quotation marks omitted). “Relatedly, in its 20 discretion, the Court may remove a guardian ad litem if she acts contrary to the best interests of 21 the minor or incompetent plaintiff, has a conflict of interest with the minor or incompetent 22 plaintiff, or demonstrates an inability or refusal to act.” Id.; see also Watson v. Cnty. of Santa 23 Clara, 468 F. Supp. 2d 1150, 1155 (N.D. Cal. 2007) (directing the plaintiffs to “re-file an 1} application for appointment of guardian ad litem, accompanied by a written declaration that the proposed guardian ad litem is independent and would act in the best interests of the minors.”’). 3 While appointment of a guardian ad litem for the minor plaintiffs is appropriate, Plaintiffs have made no showing with respect to either of the proposed guardians that they are willing to act in that capacity and that they would act in the best interest of the child. Nor is it clear whether either proposed guardian would seek to be paid for their actions taken in their guardian ad litem 7\| capacity. Accordingly, Plaintiffs’ request to appoint Michelle Darling and Jason Adams as 8|| guardians ad litem for minor plaintiffs P-L and R.A., respectively, (ECF No. 53) is DENIED 9] WITHOUT PREJUDICE. Plaintiffs should re-file the request with sufficient information for 10]| the court to evaluate whether Mrs. Darling and Mr. Adams should be appointed to serve as the 11]| guardians ad litem in this case. 12) IT IS SO ORDERED. 13]| Dated: February 12, 2026

Craig S. Denney 15 United States Magistrafe Judge 16 17 18 19 20 21 22 23