Judge: Peter Wilson, Case: 2021-01187712, Date: 2022-08-18 Tentative Ruling

Defendant Artech Information Systems, L.L.C. seeks to strike the class and PAGA representative claims in Plaintiff’s Complaint on the basis that he is pro per.

A pro per plaintiff has no authority to appear as an attorney for others, and therefore, cannot represent the class or be the representative for others in a class and/or representative action. (Russell v. United States (9th Cir. 1962) 308 F.2d 78, 79; cf. Drake v. Superior Court (1994) 21 Cal.App.4th 1826, 1830.

Although this Court granted Plaintiff’s counsel’s motion (by the Phelps Law Group) to be relieved as counsel for Plaintiff, the order was only to be effective upon the filing of a proof of service of the signed order on Plaintiff. ROA 145, 5/26/2022 Minute Order; ROA 184, 7/14/2022 Minute Order. To date, no such proof of service of the signed order on Plaintiff has been filed, and accordingly as of this date the Phelps Law Group continues to represent Plaintiff.

Accordingly, the Court CONTINUES the hearing on this Motion until October 6, 2022.  All parties are Ordered to appear.

Defendant is ordered to give notice.

The status conference remains on calendar.