ZMH v. Wells Fargo Bank
- Charles Breyer
- 3:19-cv-03739
- U.S. District Court · Northern District of California
- 2
In ZMH v. Wells Fargo Bank, Judge Ryu ordered a response explaining why the minor’s case should not be dismissed without qualified counsel.
ZMH, a minor plaintiff proceeding without a lawyer, must obtain qualified counsel or explain why the case should not be dismissed; Wells Fargo Bank is the defendant but the opinion does not rule on the claims against it.
What happened
ZMH, a minor proceeding without a lawyer, sued Wells Fargo Bank and applied to proceed without paying filing fees. The case was filed by Regional Advocacy Group as ZMH’s “next friend.”
The court explained that a nonlawyer may not represent a minor in federal court. It also explained that appointing ZMH’s mother as guardian ad litem would not allow the case to proceed without a lawyer.
Judge Donna M. Ryu ordered ZMH to respond in writing by October 16, 2019, explaining why the case should not be dismissed. The order did not dismiss the case at that time.
The detailed version
- ZMH v. Wells Fargo Bank · No. 3:19-cv-03739
- Charles Breyer
- Oct. 3, 2019
Background
ZMH, described in the opinion as a minor plaintiff proceeding without a lawyer, filed a complaint against Wells Fargo Bank and an application to proceed without paying filing fees. Regional Advocacy Group filed the case as ZMH’s “next friend.”
On September 25, 2019, the court issued an order to show cause, meaning an order requiring a party to explain why the case should not be dismissed. The court explained that a “next friend” who is not a lawyer and is not represented by a lawyer may not bring a lawsuit for a minor or incompetent plaintiff.
ZMH then moved to appoint Patrina Harrison, identified in the opinion as his mother, as guardian ad litem. A guardian ad litem is a person appointed to protect and represent a minor’s interests in a lawsuit. The court explained that a guardian ad litem does not act as the minor’s lawyer. A minor represented by a guardian ad litem must still have a qualified lawyer.
Court’s reasoning
The court relied on the rule that a nonlawyer may not represent another person in federal court. It concluded that, because ZMH is a minor, his claims could proceed only if he were represented by qualified counsel. The opinion did not address the underlying claims against Wells Fargo Bank.
Order
The court ordered ZMH to respond in writing by October 16, 2019, explaining why the case should not be dismissed. The order did not dismiss the case at that time.
The order is signed by Donna M. Ryu, United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.