Sandoval v. City of National City

l UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA || Nohely SANDOVAL, et al., Case No.: 22-cv-1657-GPC-AGS 4 Plaintiffs,; ORDER GRANTING MOTION || y. (ECF 21) AND APPOINTING ROBERT UMANA AS GUARDIAN || CITY OF NATIONAL CITY, et al., AD LITEM FOR B.U.

7 Defendants.

9 Plaintiffs seek to have Robert Umana, minor plaintiff B.U.’s uncle, appointed as a || guardian ad litem to represent B.U.’s interests in this lawsuit. (See ECF 21.) Under Federal || Rule of Civil Procedure 17(c)(2), a federal court has the power and obligation to appoint a 12 special representative for an unrepresented minor plaintiff. See United States v. 30.64 Acres || of Land, 795 F.2d 796 (9th Cir. 1986). When and how to do so is “normally left to the |/sound discretion of the trial court.” 30.64 Acres of Land, 795 F.2d at 804 (citation omitted).

15 Here, Robert Umana has agreed to the appointment and indicates he has no “‘interest || potentially adverse” to B.U.’s interest in the litigation. (See ECF 21-1, at 2.) Plaintiff ||Nohely Sandoval, B.U.’s mother, “consent[s]” to Umana’s service in this capacity and 18 believes it to be in B.U.’s “best interest[s]].” (See ECF 21-3, at 1.) Finally, no party has || objected to the appointment of Umana, despite being given an opportunity. (See ECF 19.)

20 || So, the Court APPOINTS Robert Umana as B.U.’s guardian ad litem for the purposes of || the instant litigation.

22 Dated: March 8, 2023 23 | 4 Hon. Andrew G. Schopler United States Magistrate Judge ]