Opinion
Stephen Yagman, Plaintiff, Pro se, Venice Beach, CA.
For Stephen Yagman, Plaintiff: Joseph Reichmann, LEAD ATTORNEY, Yagman and Reichmann, Venice Beach, CA.
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
Fernando M. Olguin, United States District Judge.
On July 21, 2015, pro se plaintiff Stephen Yagman (" Yagman"), filed a Complaint against several defendants, including Nationstar Mortgage, relating to defendants' demand for payments under a note and deed of trust Yagman executed in 1994. (See Complaint at ¶ ¶ 3-8). Although not in compliance with the Local Rules, see Local Rule 23-1 (" The title of any pleading purporting to commence a class action shall include the legend: '(Title of Pleading) Class Action.'"), the Complaint includes class action allegations. (See Complaint at ¶ ¶ 100-109).
Yagman is appearing pro se, but states that attorney Joseph Reichmann " will file an appearance to be effective only if, when, and as a class may be certified. (Complaint at 1 n. 1). An intent to secure counsel once a class has been certified is not sufficient. Counsel needs to represent the class from the outset. Moreover, the court observes that Yagman is well aware that he may not pursue a class action without an attorney at the outset. See Stephan Yagman v. John Owen Brennen, CV 15-1031, TJH (Ex) Dkt. No. 21 (dismissing case filed by Yagman because attorney had not entered an appearance).
" Although a non-attorney may appear in propria persona on his own behalf, that privilege is personal to him." C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987) " He has no authority to appear as an attorney for others than himself." Id.; see also Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008) (" [C]ourts have routinely adhered to the general rule prohibiting pro se plaintiffs from pursuing claims on behalf of others in a representative capacity."). The prohibition on pro se representation of others extends to class actions. See Grayton v. U.S., 514 Fed.App'x. 645, 646 (9th Cir. 2013) (" Summary judgment on [plaintiff]'s claims on behalf of a putative class was . . . proper because pro se litigants have no authority to represent anyone other them themselves."); MacKenzie v. Hutchens, 2013 WL 8291758, * 1 (C.D. Cal. 2013) (" a pro se litigant who is not an attorney is not qualified to fairly and adequately represent the interests of the members of [a] putative class.").
Based on the foregoing, IT IS ORDERED THAT counsel Joseph Reichmann, or an attorney qualified to prosecute a class action, shall enter an appearance as counsel in this matter no later than August 7, 2015. Failure of attorney Reichmann or another attorney qualified to represent a class to make an appearance by August 7, 2015, shall result in the dismissal of the action without prejudice.