United States District Court, E.D. California, Sacramento Division
RYAN D. BASQUE, et al., Plaintiffs,
COUNTY OF PLACER, et al., Defendants.
E. Merin (State Bar No. 043849) Paul H. Masuhara (State Bar
No. 289805) Law Office of Mark E. Merin 1010 F Street, Suite
300 Sacramento, California 95814 Attorneys for Plaintiffs
RYAN D. BASQUE and DENISE M. BASQUE
PLAINTIFF RYAN D. BASQUE'S UNOPPOSED REQUEST FOR
APPOINTMENT OF GUARDIAN AD LITEM FOR NON-PARTY MINORS S.B.
AND E.B.; ORDER THEREON
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
Ryan D. Basque requests the Court's appointment as the
guardian ad litem for non-party minors S.B. and E.B.
OF RELEVANT FACTS
Ryan D. Basque (“Ryan”) is the father of non-party
minors, S.B. and E.B. Declaration of Ryan D. Basque
(“Ryan Decl.”), ¶¶2-3.
and E.B. potentially have claims against Defendants in this
action which could be brought through this action and in this
Court. Ryan Decl., ¶5. Those claims, if asserted, would
arise out of the same conduct which gave rise to
Plaintiffs' individual claims. Id.; see
also ECF No. 29-3 at 4 & 29-4 [taser video at
00:08-00:15, wherein S.B. and E.B. appear during subject
parties to this action have reached agreement on the terms of
a proposed settlement. See ECF No. 32. Terms of the
settlement are inclusive of the claims of S.B. and E.B. Ryan
Decl., ¶6. Because the settlement seeks to resolve
claims of minors, special procedures will apply. See
Fed. R. Civ. P. 17(c) & E.D. Cal. L.R. 202.
Plaintiff Ryan requests the Court's appointment as the
guardian ad litem for his minor children, S.B. and
E.B., in order to represent their interests in this action,
notwithstanding that S.B. and E.B. are currently non-parties
to this action.
REQUEST FOR APPOINTNMENT
minor … who does not have a duly appointed
representative may sue by a next friend or by a guardian ad
litem. The court must appoint a guardian ad litem-or issue
another appropriate order-to protect a minor … who is
unrepresented in an action.” Fed.R.Civ.P. 17(c)(2);
E.D. Cal. L.R. 202(a) (“Appointment of Representative
or Guardian”); see also Cal. Code Civ. Proc.
§ 372(a)(1) (“A guardian ad litem may be appointed
in any case when it is deemed by the court in which the
action or proceeding is prosecuted, or by a judge thereof,
expedient to appoint a guardian ad litem to represent the
court has broad discretion in ruling on a guardian ad litem
application.” Williams v. Superior Court, 147
Cal.App.4th 36, 47, 54 Cal.Rptr.3d 13 (2007). When there is
no conflict of interest, the guardian ad litem appointment is
usually made on ex parte application and involves
minimal exercise of discretion by the trial court. In re
Marriage of Caballero, 27 Cal.App.4th 1139, 1149, 33
Cal.Rptr.2d 46 (1994).
not yet parties to this action, because S.B. and E.B.
potentially have claims that could be asserted in this action
and which the parties seek to resolve through settlement,
see Basque Decl., ¶¶5-6, Plaintiff Ryan
requests the Court's appointment as guardian ad
litem for S.B. and E.B. in this action, for the purpose
of pursuing and settling their potential claims. Plaintiff
Ryan is aware of no conflict of interest and, if so
appointed, will protection of the minors' interest in
this litigation. See Basque Decl., ¶7.
request for appointment as guardian ad litem is