Stephen Yagman v. Jay Bray et al

Filing 8

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Fernando M. Olguin. An attorney qualified to prosecute a class action shall enter an appearance as counsel in this matter no later than 8/7/2015. Failure of an attorney to make an appearance shall result in the dismissal of the action without prejudice. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-5512 FMO (JCx)

Title

Stephen Yagman v. Jay Bray, et al.

Present: The Honorable

Date

July 31, 2015

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Dismissal

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
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-5512 FMO (JCx)

Title

Date

Stephen Yagman v. Jay Bray, et al.

July 31, 2015

a class to make an appearance by August 7, 2015, shall result in the dismissal of the action
without prejudice.

00
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

vdr

Page 2 of 2