1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DIDIET FIALLO; FABIOLA Case No.: 25-CV-318 W (SBC) NAVARRO FIALLO; and A.F., M.F., and 12 E.F., ORDER GRANTING APPLICATION 13 TO APPOINT GUARDIAN AD Plaintiffs, LITEM [DOC. 3] 14 v. 15 UNITED SERVICES AUTOMOBILE 16 ASSOCIATION and DOES 1–10, 17 Defendants. 18 19 Pending before the Court is an application by plaintiff Fabiola Navarro Fiallo for 20 an order appointing Adriana Navarro as guardian ad litem for Plaintiffs A.F., M.F., and 21 E.F. [Doc. 3]. The Court decides the matter on the papers submitted and without oral 22 argument pursuant to Civil Local Rule 7.1(d)(1). 23 “A minor or an incompetent person who does not have a duly appointed 24 representative may sue by a next friend or by a guardian ad litem. The court must 25 appoint a guardian ad litem—or issue another appropriate order—to protect a minor or 26 incompetent person who is unrepresented in an action.” Fed. R. Civ. P. 17(c)(2). This 27 rule “requires a court to take whatever measures it deems proper to protect an 28 incompetent person during litigation.” United States v. 30.64 Acres of Land, More or 1 || Less, Situated in Klickitat Cty., State of Wash.,

(9th Cir. 1986). “[T]he 2 || appointment of a guardian ad litem is more than a mere formalism. A guardian ad litem 3 ||is authorized to act on behalf of his ward and may make all appropriate decisions in the 4 || course of specific litigation.” /d. The question of whether to appoint a guardian ad litem 5 ||is committed to the district court’s sound discretion.

6 The Application represents that: (1) A.F., M.F., and E.F. are minors with no 7 || general guardian; (2) Adriana Navarro is their maternal aunt; and (3) the proposed 8 || Guardian ad litem is competent and does not have any interest adverse to the minors’ 9 ||interests. (Application [Doc. 3].) 10 Given the foregoing findings of fact, the petition to appoint Adriana Navarro as 11 || guardian ad litem is GRANTED. 12 Adriana Navarro is hereby appointed as guardian ad litem for A.F., M.F., and E.F. 13 || for the purpose of prosecuting this action on their behalf. 14 IT IS SO ORDERED. 15 Dated: February 19, 2025 \ 16 [pe Lor 17 Hn. 1 omas J. Whelan 18 United States District Judge 19 20 21 22 23 24 25 26 27 28