Sergey Firsov, et al. v. Frontier Airlines Inc.

Opinion

1 2 3 6 7 SERGEY FIRSOV, et al., Case No. 26-cv-01131-TSH

8 Plaintiffs, ORDER RE: MINORS' 9 v. REPRESENTATION

11 Defendant.

12 13 Plaintiff Sergey Firsov, representing himself, seeks to bring this complaint on behalf of 14 himself and his two minor children, L.F. and V.F., as their guardian ad litem. Generally, an adult 15 litigant may represent himself in federal court. 28 U.S.C. § 1654. Minor children are prohibited 16 from representing themselves, but they may be represented by a guardian ad litem. Fed. R. Civ. P. 17 17(c). A guardian ad litem, however, may not represent a minor without retaining a lawyer. 18 Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997). This rule is based on the 19 common-law doctrine that “a non-lawyer ‘has no authority to appear as an attorney for others than 20 himself.’” Id. (quoting C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 21 1987)); see also Grizzell v. San Elijo Elementary Sch., 110 F.4th 1177, 1181 (9th Cir. 2024) (A 22 “parent may not proceed pro se on her children’s behalf.”), cert. denied, 145 S. Ct. 2701 (2025). 23 “If a lawyer is not secured to bring suit on behalf of the minor, the complaint should be 24 dismissed.” Van Kim Lai v. Vanhart, 2010 WL 11586756, at *3 (N.D. Cal. May 7, 2010) (citing 25 Duarte v. Figueroa, 2006 U.S. Dist. LEXIS 15752, at *3 (N.D. Cal. Mar. 21, 2006)). 26 Accordingly, the Court ORDERS as follows: either (1) Plaintiff Sergey Firsov shall file an 27 amended complaint by March 5, 2026, that omits any claims purportedly brought on behalf of his ] by March 5, 2026. If Plaintiff Sergey Firsov does not file an amended complaint, or counsel does 2 || not appear on behalf L.F. and V-F., the undersigned will recommend the minors’ claims be 3 dismissed from this case without prejudice for lack of counsel. 5 6 || Dated: February 5, 2026 7 TAA. | □ THOMAS S. HIXSON 8 United States Magistrate Judge 9 10 1] a 12

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