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Oldham v. Travelers Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 6, 2010

LARRY V. OLDHAM, ET AL., PLAINTIFFS,
v.
TRAVELERS INC., ET AL, DEFENDANTS.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER RE: APPOINTMENT OF GUARDIAN AD LITEM [Doc. 27]

Plaintiffs in this case are Larry V. Oldham, Jr., Lori Oldham, and their minor son L.V.O, III.

Plaintiffs seek to appoint Lori Oldham as guardian ad litem for L.V.O. However, the Oldhams are proceeding pro se. The documents for this ex parte motion, and other filings in this case, have been filed by Larry Oldham. While Mr. Oldham is free to represent himself pro se, he cannot appear as an attorney for others. Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997). Further, "a parent or guardian cannot bring an action on behalf of a minor child without retaining a lawyer." Id. at 877.

Accordingly, the Oldhams must retain counsel in order to pursue claims on behalf of L.V.O., III. Mr. and Mrs. Oldham shall have thirty-five days (35) from the date this Order is electronically filed to retain counsel for L.V.O. If they fail to do so, L.V.O.'s claims will be dismissed without prejudice. If Lori Oldham desires to proceed pro se she must act on her own behalf; she may not be represented by, or act through, Larry Oldham.

IT IS SO ORDERED.

20100106

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