1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PATRICIA HIVES, et al., Case No. 15-cv-02490-DMR

8 Plaintiffs, ORDER ON PETITION TO 9 v. WITHDRAW FUNDS FROM BLOCKED ACCOUNT 10 COUNTY OF ALAMEDA, et al., Re: Dkt. No. 95 11 Defendants.

12 Arion Guillory, guardian ad litem for minor Plaintiff M.C., filed a petition to withdraw 13 funds from a blocked account that belongs to M.C. [Docket No. 95.] The court ordered Guillory 14 to file a supplemental brief supporting the petition, which Guillory timely filed. [Docket Nos. 15 100, 101.] No party objected to the petition. This matter is suitable for resolution without a 16 hearing. Civ. L.R. 7-1(b). For the following reasons, the petition is granted in part and denied in 17 part. 18 I. BACKGROUND 19 This case arises from the August 2014 shooting death of Jacorey Calhoun by an Alameda 20 County Sheriff’s Deputy, Defendant Derek Thoms. Plaintiff Patricia Hives, Calhoun’s mother, 21 filed a lawsuit alleging claims related to the shooting in June 2015. She later filed a second 22 amended complaint that added M.C., Calhoun’s minor child, as a plaintiff. [See Docket No. 37.] 23 The court appointed Guillory, who is M.C.’s mother, as his guardian ad litem. [Docket No. 42.] 24 In November 2016, the court approved a minor’s compromise on behalf of M.C. [Docket 25 No. 91 (Order Approving Minor’s Compromise).] In relevant part, the minor’s compromise 26 established an FDIC-insured, blocked account for M.C. in the amount of $75,728.72 “with 27 distributions made only by Court order.” Remaining funds in the account will be distributed to 1 account. The minor’s compromise also established a structured annuity policy for M.C. in the 2 amount of $300,000. Id. at 3, ¶ 6(e). 3 Guillory now petitions to withdraw a total of $15,573.00 from the blocked account for 4 various expenses, including furniture, clothing, sports fees, and a down payment for a car. M.C. is 5 currently 12 years old. According to Guillory, the requested funds are connected to M.C.’s current 6 “academic, health, and counseling needs.” Petition 3. Attached to the petition are exhibits 7 detailing the cost breakdown for each requested expenditure. However, the petition did not cite 8 any authority for the relief requested or state the applicable legal standard. Accordingly, the court 9 ordered Guillory to file a supplemental brief setting forth the applicable legal standard with 10 citations to authority and explaining how each category of funds requested satisfies the applicable 11 standard. [Docket No. 100.] Guillory timely filed a supplemental brief. [Docket No. 101.] 12 II. DISCUSSION 13 In this case, the minor’s compromise does not specify the circumstances under which 14 Guillory can receive distributions from the blocked account on behalf of M.C. Guillory did not 15 cite, nor was the court able to find Ninth Circuit authority governing petitions to withdraw funds 16 from blocked accounts held for the benefit of minors.1 However, the Ninth Circuit has instructed 17 that “[d]istrict courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to 18 safeguard the interests of litigants who are minors.” Robidoux v. Rosengren,

, 1181 19 (9th Cir. 2011). One court in this district limited withdrawals to funds for a minor’s “academic, 20 health, and counseling needs” or for other purposes if the petitioner could demonstrate “a 21 compelling need for the benefit of the minor.” See, e.g., Frary v. County of Marin, No. 12-cv- 22 03928-MEJ, Docket No. 238 at 2 (N.D. Cal. Aug. 3, 2015). Another court limited withdrawals for 23 expenditures related to the minors’ “current counseling or academic needs.” Ronald J. v. County 24 of Alameda, No. 11-cv-04123-YGR, Docket No. 65 at 3 (N.D. Cal. Feb. 24, 2014). The court will 25

26 1 Under the California Rules of Court, a petition to withdraw funds deposited for a minor “must be verified and must include the identity of the depository, a showing of the amounts previously 27 withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a 1 assess the proposed expenditures to determine whether they are for M.C.’s academic, health, or 2 counseling needs or another compelling need. 3 Having evaluated the proposed expenditures under this standard, the petition is granted in 4 part and denied in part. The following table itemizes Guillory’s requests for expenditures and sets 5 forth the amount of each proposed expenditure; Guillory’s stated connection to a current 6 academic, health, counseling, or other compelling need for each proposed expenditure (quoted 7 from Guillory’s petition); and whether the court approves the expenditure. The court’s reasoning 8 is discussed below the table. Total Connection to Current Academic, 9 Request Approved? Amount Health, Counseling, or Compelling 10 Requested Need Bedroom set- queen “M.C. requires a new bedroom set to $3,540 In part 11 sized bed ($2,695), ensure that he gets proper rest to allow side table ($250), and him to continue to excel in school and 12 dresser ($595) athletics. M.C.’s current bedroom set no longer fits him as the child is growing 13 quickly.” 14 Mattress and $1,498 “M.C. requires a new bedroom set to Yes adjustable base for ensure that he gets proper rest to allow 15 mattress him to continue to excel in school and athletics. M.C.’s current bedroom set no 16 longer fits him as the child is growing quickly.” 17 New clothes $2,500 “M.C. is currently 12 years old and No 18 growing very quickly so requires new clothes this year.” 19 School uniforms $335 “The school that M.C. attends requires a Yes specific uniform each year. Without the 20 uniform, M.C. will not be permitted to 21 attend their current school.” Basketball team costs $400 initial “M.C. is a talented athlete who competes Yes 22 membership in AAU basketball during the school fee, $360 year. Allowing M.C. to continue to 23 annual compete would put them in a position to membership compete for an athletics scholarship.” 24 fee, $130 25 monthly dues, $260 26 gear (total $1,150) 27 Basketball shoes $350 “In order to continue to compete in Yes Allowing M.C. to continue to compete 1 would put them in a position to compete 2 for an athletics scholarship.” Basketball camp $200 “M.C. attends basketball camp in the Yes 3 summer to further his athletic pursuits. Allowing M.C. to continue to 4 train/compete would put them in a position to compete for an athletics 5 scholarship.” 6 Down payment for a $6,000 “Declarant is a single parent without a Yes car car, which forces M.C. to either take the 7 bus or walk to school and after school activities, such as basketball. A car would 8 allow M.C. to attend school and basketball events more easily, minimize 9 tardiness, and increase their general 10 safety as Declarant would be able to drive M.C. to school and athletic events rather 11 than relying on public transportation or the kindness of others. This would also 12 allow Declarant to take M.C. to the doctor more easily. 13 The funds would be used to make the 14 down payment on the car.” 15 The court has carefully considered Guillory’s petition, her supplemental brief, and the 16 authority Guillory cites to support the individual requests. The court recognizes Guillory’s role as 17 M.C.’s mother, her rights and responsibility to make decisions on his behalf, and the challenges 18 single parents face. Nonetheless, the court has a special duty to safeguard M.C.’s interests, which 19 extends to the funds in the blocked account. See Robidoux,

. These funds are for 20 M.C.’s use and benefit. They “are not available for payment of services ordinarily provided by 21 parents,” see Frary, No. 12-cv-03928-MEJ, Docket No. 238 at 2 (quotation omitted), and “cannot 22 be used to support the family.” S.V. v. Delano Union Elementary Sch. Dist., No. 1:17-cv-780-LJO 23 JLT, Docket No. 72 at 2 (E.D. Cal. Oct. 9, 2019). “To find otherwise would be to disregard the 24 very reason why the funds were placed in a blocked account in the first place.”

25 Having weighed these concerns, the court concludes that expenditures for M.C.’s school 26 uniforms clearly relate to his current academic needs. Similarly, even though it is a sizeable 27 expenditure, funds for a down payment for a car can significantly facilitate M.C.’s current 1 See Ronald J., No. 11-cv-04123-YGR, Docket No. 65 at 3 (approving request for $2,200 for a 2 “used vehicle” to transport minor to therapy appointments). These requests are granted. 3 The request for $2,500 to pay for “new clothes” does not relate to M.C.’s current 4 academic, health, or counseling needs in light of the fact that M.C. apparently wears uniforms to 5 school. The cost of new clothing is also the kind of expense that parents are ordinarily expected to 6 bear. This request is therefore denied. 7 As to the request for nearly $5,000 to pay for a new bedroom set of furniture, a mattress, 8 and an adjustable base, there is an obvious connection between M.C.’s current health needs and a 9 properly-sized bed, mattress, and base. These items will support M.C.’s health as he grows into 10 adulthood. Moreover, they constitute a long-term investment for his use and will last him until 11 adulthood. However, Guillory does not explain the connection between M.C.’s health or other 12 needs and bedroom furniture such as a nightstand and dresser. The authority she cites in support 13 of this request, N.M. v. County of Sacramento, No. 18-cv-01830-WBS-KJN, Docket No. 39 (E.D. 14 Cal. Sept. 28, 2022), is distinguishable. See Supp. Br. 3-4. In N.M., the court approved the 15 withdrawal of $4,000 from a blocked account to pay for the deposit on a rental home for the 16 minor’s family that would permit the minor to have his own bedroom and/or treatment room. The 17 minor had “a severe developmental disability” and received “a variety of supportive services” and 18 his doctor recommended that he have his own room “to reduce the distractions and improve his 19 functioning.” Docket No. 39 at 2. Here, Guillory did not submit any medical or other 20 documentation in support of the request for bedroom furniture in general, which is the kind of 21 expense parents ordinarily provide. Accordingly, the court grants the request in part in the amount 22 of $4,194.98, which is the cost of the new bed, mattress, and adjustable base. The remainder of 23 the request is denied. 24 Finally, Guillory requests funds for one-time, annual, and monthly basketball team fees, 25 basketball shoes, and basketball camp. Guillory argues that M.C. “is a talented basketball player” 26 who hopes to eventually receive “athletic scholarships that will assist him in financing his 27 academic pursuits.” Supp. Br. 4. Regardless of whether M.C. is likely to someday obtain an 1 contribute to his academic, physical and mental health needs overall. The expenses Guillory seeks 2 || in this category are not exorbitant. Accordingly, the court grants the request for basketball-related 3 expenses. 4 || I. CONCLUSION 5 For the foregoing reasons, Guillory’s petition to withdraw funds from a blocked account is 6 || granted in part and denied in part. The court hereby orders Wells Fargo Bank to issue a cashier’s 7 check in the amount of $12,228 from Wells Fargo Account No. ending in 8927, payable to Arion 8 || Guillory for the benefit of Minor Plaintiff M.C. Within 60 days of the date of this Order, Guillory 9 shall file documentation for the items and services purchased with the authorized funds. 10 I tf ll IT IS SO ORDERED. KD OD A) 12 |] Dated: July 17, 2023 i □ 13 2[\ir 1 > .Ryu of Z. M. O ge Donne © ANUS □□ 16 > □□ QP OS 7 DISTRICS Z 18 19 20 21 22 23 24 25 26 27 28