1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 HASSAN ABPIKAR, et al., Case No. 3:24-cv-02836-JD

9 Plaintiffs,

ORDER RE ARBITRATION AND

10 v. CARDENAS’S CLAIMS

11 WELLS FARGO BANK, N.A., Defendant. 12

13 14 Defendant Wells Fargo’s motion to compel arbitration is granted.1 Dkt. No. 16. The 15 arbitration clause covers the claims alleged in the complaint, and the record indicates that pro se 16 plaintiff Hassan Abpikar consented to the arbitration provision. Abpikar’s objection that he filed a 17 putative class action is not a bar to arbitration. See Dkt. No. 17. Abpikar is not an attorney and 18 may not litigate claims on behalf of a putative class. Simon v. Hartford Life, Inc., 546 F.3d 661, 19 664 (9th Cir. 2008). In addition, Wells Fargo represents that the arbitration agreement contains a 20 delegation clause that reserves questions of the agreement’s interpretation and scope to the 21 arbitrator. Dkt. No. 16 at 8-9. The case is stayed with respect to Abpikar, and the parties will file 22 a joint status report on the arbitration every 90 days starting on October 1, 2024. 23 The second amended complaint (SAC), Dkt. No. 18, is dismissed sua sponte with respect 24 to pro se plaintiff Claudia Cardenas. The SAC does not plausibly allege a claim for Cardenas, and 25 barely mentions her at all in the allegations. Cardenas may file an amended complaint with 26 respect to her claims by September 6, 2024. 27 1 Plaintiffs are advised that Abpikar may not file anything on Cardenas’s behalf, and that 2 || Cardenas may not allege putative class claims. An amended complaint must be filed by Cardenas 3 alone and only with respect to her own claims. A failure to comply with this order or the filing 4 deadline will result in dismissal under Federal Rule of Civil Procedure 41(b). 5 IT IS SO ORDERED. 6 || Dated: August 9, 2024 7 8

JAMESMONATO

9 United Ptates District Judge 10 11 12

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