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Basque v. County of Placer

United States District Court, E.D. California, Sacramento Division

July 25, 2017

RYAN D. BASQUE, et al., Plaintiffs,
v.
COUNTY OF PLACER, et al., Defendants.

          Mark 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

         I.INTRODUCTION

         Plaintiff Ryan D. Basque requests the Court's appointment as the guardian ad litem for non-party minors S.B. and E.B.

         II.STATEMENT OF RELEVANT FACTS

         Plaintiff Ryan D. Basque (“Ryan”)[1] is the father of non-party minors, S.B. and E.B. Declaration of Ryan D. Basque (“Ryan Decl.”), ¶¶2-3.

         S.B. 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 incident].

         The 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.

         Therefore, 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.

         III. REQUEST FOR APPOINTNMENT

         “A 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 minor…”).

         “A 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).

         Though 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.

         This request for appointment as guardian ad litem is ...


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