Ryan v. County of Imperial

Opinion

GILDA RYAN and PAUL RYAN, et al. Case No. 3:21-cv-1076-LAB-KSC Plaintiffs, ORDER OF DISMISSAL WITH LEAVE TO AMEND [Dkt. 1] v.

COUNTY OF IMPERIAL, et al.

Defendants.

Plaintiffs Gilda and Paul Ryan, purporting to bring suit on behalf of their minor children and themselves, filed their Complaint in this case on June 4, 2021. The Complaint consists of 380 numbered paragraphs and 90 claims, spread across 145 pages. In other words, it’s not the “short and plain statement” that a pleading must be. Fed. R. Civ. P. 8(a)(1). Nor can Gilda and Paul Ryan bring suit on behalf of their minor children. There’s no indication that either parent is an attorney, and courts in the Ninth Circuit don’t permit non-attorney parents to bring suit on behalf of their children. Johns v. County of San Diego, 114 F.3d 874, 876-77 (9th Cir. 1997) (“It goes without saying that it is not in the interest of minors . . . that they be represented by non-attorneys. Where they have claims that require adjudication, they are entitled to trained legal assistance so their rights may be fully protected.”) The Court DISMISSES the Complaint WITHOUT PREJUDICE AND WITH }LEAVE TO AMEND for failure to set forth a short and plain statement of the Plaintiffs’ claims and because it purports to bring claims on behalf of individuals can’t represent themselves but aren’t represented by counsel. Any amended pleading should be no longer than 30 pages and must be filed no later than September 14, 2021. Any claims on behalf of the Ryans’ minor children must be by those children’s counsel. DATED: July 14, 2021 Aq: f Son Hon. Larry Alan Burns United States District Court Judge 3:20cv1076-LAB-KSC