Helen Ryan v. Timothy Hyden

MEMORANDUM

Appellant Helen Ryan (“Helen”) appeals from the district court’s judgment dismissing her ease without prejudice because a non-lawyer, Mykal Ryan (“Mykal”), was representing her in violation of the local rules. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

“We review the district court’s dismissal pursuant to its local rules for abuse of discretion. ‘Only in rare cases will we question the exercise of discretion in connection with the application of local rules.’ ” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995) (internal citation omitted) (per curiam).

Civil Rule 83.11 of the Local Rules of the United States District Court for the Southern District of California states:

When determining what constitutes the unauthorized practice of law, we look to state law. In re Reynoso, 477 F.3d 1117 , 1125 (9th Cir.2007). Under California law, the practice of law “means more than just appearing in court,” and extends to providing legal advice and preparing legal documents. Estate of Condon, 65 Cal.App.4th 1138, 1142 , 76 Cal.Rptr.2d 922 (1998).

The district court properly found that Mykal was effectively acting as Helen’s counsel by drafting her pleadings…