Yaqub v. Paynter.

Opinion

1 2 3 4 5 6 9 10 RAHAT YAQUB, Case No. 1:23-cv-01482-EPG 11 Plaintiff, by and through his ORDER DISCHARGING SADIA YAQUB AS guardian ad litem, SADIA GUARDIAN AD LITEM FOR PLAINTIFF 13 v. (ECF No. 7) 14 JACOB PAYNTER, et al., 15 Defendants. 16 Plaintiff Rahat Yaqub commenced this action on October 17, 2023. (ECF No. 1). The 17 same day, Plaintiff’s sister, Sadia Yaqub, filed an ex parte application for an order appointing her 18 guardian ad litem for Plaintiff. (ECF No. 2). Based on Ms. Yaqub’s sworn declaration asserting 19 that Plaintiff was not legally competent at the time to bring his own lawsuit, the Court granted the 20 order and appointed Ms. Yaqub guardian ad litem for Plaintiff. (ECF No. 7). 21 On March 19, 2024, the parties participated in a settlement conference and the case was 22 settled. (ECF No. 28). On June 4, 2024, Plaintiff, proceeding by and through his guardian ad 23 litem, filed a motion for approval of settlement. (ECF No. 34). The Court held a hearing on the 24 motion on August 23, 2024. (ECF No. 41). 25 In its motion to approve the settlement as well as at the August 23, 2024, hearing, the 26 Court was asked to reconsider the appointment of the guardian ad litem in light of changes in 27 Plaintiff’s mental status and medication compliance. The Court addressed the issue in depth 28 enn nee een EE EEE IEE IO

1 | during the hearing and concluded that Plaintiff is currently sufficiently competent and capable of 2 | understanding the nature and consequences of the proceedings and able to assist his counsel in 3 | preparing his case. See Golden Gate Way, LLC v. Stewart, No. C 09-04458 DMR, 2012 WL 4 | 4482053, at *2 (N.D. Cal. Sept. 28, 2012) (citing In re Jessica G., 93 Cal. App. 4th 1180, 1186 5 (2001); Cal. Civ. Proc. Code § 372; and In re Sara D., 87 Cal. App. 4th 661, 666-67 (2001)). The 6 | Court thus concluded that it is appropriate at this time discharge Sadia Yaqub as guardian ad litem for 7 | Plaintiff. 8 Accordingly, IT IS ORDERED: 9 1. Sadia Yaqub is discharged as guardian ad litem for Plaintiff Rahat Yaqub. 10 2. Plaintiff Rahat Yaqub will represent his own interests in this case going forward, 11 including in the finalization of the terms of the settlement. 12 3. The Clerk of Court is respectfully directed to terminate Sadia Yaqub from the case. 13 15 | Dated: _ August 26, 2024 [sf ey — 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28