Abpikar v. Wells Fargo Bank, N.A.
- James Donato
- 3:24-cv-02836
- U.S. District Court · Northern District of California
- 2
In Abpikar v. Wells Fargo, Judge Donato compelled arbitration for Abpikar, stayed his case, and dismissed Cardenas’s claims with leave to amend.
Pro se plaintiffs Hassan Abpikar and Claudia Cardenas, and Wells Fargo Bank, N.A. Abpikar’s claims are subject to arbitration and the case is stayed as to him; Cardenas may amend her own claims by September 6, 2024, but may not assert proposed class claims.
What happened
In Abpikar v. Wells Fargo Bank, N.A., Wells Fargo asked the court to require Hassan Abpikar to arbitrate his claims. The court found that the arbitration clause covered the complaint and that Abpikar had consented to it. His proposed class action did not prevent arbitration because he was not an attorney and could not litigate claims for a proposed class.
The court granted Wells Fargo’s motion to compel arbitration and stayed the case as to Abpikar. The parties must file a joint report about the arbitration every 90 days, beginning October 1, 2024. The court also dismissed Claudia Cardenas’s claims because her complaint did not plausibly allege a claim for her and barely mentioned her. Cardenas may file an amended complaint about her own claims by September 6, 2024.
Judge James Donato issued the order on August 9, 2024. Abpikar may not file anything for Cardenas, and Cardenas may not assert proposed class claims. The order states that failing to comply with its requirements or deadline will result in dismissal under Federal Rule of Civil Procedure 41(b).
The detailed version
- Abpikar v. Wells Fargo Bank, N.A. · No. 3:24-cv-02836
- James Donato
- Aug. 9, 2024
Background
Wells Fargo moved to compel arbitration. The opinion states that the arbitration clause covers the claims in the complaint and that the record indicates pro se plaintiff Hassan Abpikar consented to the provision. Abpikar objected that he had filed a proposed class action. Wells Fargo also represented that the agreement contains a delegation clause, which reserves questions about the agreement’s interpretation and scope for the arbitrator.
The second amended complaint also named pro se plaintiff Claudia Cardenas. The court said that the complaint did not plausibly allege a claim for Cardenas and barely mentioned her in the allegations.
Rulings
The court granted Wells Fargo’s motion to compel arbitration. It rejected Abpikar’s objection based on the proposed class action, explaining that Abpikar is not an attorney and may not litigate claims on behalf of a proposed class. The case is stayed as to Abpikar. The parties must file a joint status report about the arbitration every 90 days, starting October 1, 2024.
The court dismissed the second amended complaint on its own initiative as to Cardenas. It allowed Cardenas to file an amended complaint concerning her claims by September 6, 2024. The order states that Abpikar may not file anything on Cardenas’s behalf, that Cardenas may not assert proposed class claims, and that failure to comply with the order or deadline will result in dismissal under Federal Rule of Civil Procedure 41(b).
Effect of the Order
Abpikar’s claims proceed toward arbitration rather than in court, while the case is stayed as to him. Cardenas’s claims were dismissed at this stage, but the order allowed her to file an amended complaint by the stated deadline. The opinion does not state whether she filed one.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.