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N.D. Cal.Procedural orderFiled Oct. 14, 2020

Wood v. County of Contra Costa

Judge
Maxine Chesney
Docket
3:19-cv-07597
Court
U.S. District Court · Northern District of California
Pages
1
Civil ProcedureFamily
In one sentence

In Wood v. County of Contra Costa, Judge Chesney dismissed without prejudice TP’s claims because the minor lacked a lawyer.

Who this affects

TP, the minor plaintiff whose claims were dismissed without prejudice; the order also affected Andrea Wood because no new counsel appeared for the plaintiffs.

What happened

In Wood v. County of Contra Costa, Andrea Wood told the court that the plaintiffs’ lawyer had died and asked for time to find new counsel. The court gave her until October 2, 2020, to describe her efforts.

No statement was filed, and no new lawyer appeared for the plaintiffs. Because TP is a minor who cannot appear in federal court without a lawyer, the court dismissed the claims brought on TP’s behalf.

The dismissal was without prejudice, allowing TP to assert the claims after reaching adulthood if he wishes. Judge Maxine M. Chesney issued the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Wood v. County of Contra Costa · No. 3:19-cv-07597
Judge
Maxine Chesney
Date
Oct. 14, 2020

Background

Andrea Wood advised the court that the plaintiffs’ attorney had died and requested an opportunity to locate new counsel. The court granted that request and ordered Wood to file a statement by October 2, 2020, describing the steps she had taken to obtain new counsel. The court also stated that TP, a minor, could not appear without a lawyer.

No statement was filed, and no new lawyer appeared for the plaintiffs.

Ruling

The court dismissed TP’s claims without prejudice. It explained that a parent or guardian cannot bring a federal lawsuit for a minor without retaining a lawyer. The dismissal did not prevent TP from asserting those claims after reaching the age of majority, if he wishes to do so. The order addressed the claims alleged on behalf of TP and did not state a ruling on their underlying merits.

Judge Maxine M. Chesney issued the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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