IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 3, 2010
TAMARA DUMAS, AS AN INDIVIDUAL AND AS GUARDIAN AD LITEM FOR KATELIN DUMAS AND KIMBERLY DUMAS; RICK DUMAS, AS AN INDIVIDUAL, PLAINTIFFS,
CITY OF ELK GROVE; ELK GROVE POLICE OFFICER CHRISTOPHER DIAZ (BADGE #127); ELK GROVE POLICE OFFICER ALI KHALIL (BADGE #164); ELK GROVE POLICE OFFICER LANCE MCDANIEL (BADGE #158), ELK GROVE POLICE SERGEANT WALLY SMITH (BADGE #23), ELK GROVE POLICE CHIEF ROBERT SIMMONS, DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
In light of Plaintiffs' counsel's motion to withdraw as attorney of record, Tamara Dumas and Rick Dumas shall personally appear at the scheduled hearing on the motion at 9:00 a.m. on December 6, 2010. Further, should the motion be granted, each minor's lawsuit may be dismissed since a guardian ad litem cannot represent children without retaining a lawyer. As the Ninth circuit stated in Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997): "[A] non-attorney parent must be represented by counsel in bringing an action on behalf of his or her child."
Plaintiffs' counsel shall provide a copy of this order to Plaintiffs.
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