Ortega

Ortega v. Santomassimo

Good Law
United States District Court, Southern District of CaliforniaMarch 23, 20233:22-cv-01795California416 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TIM EDWARD ORTEGA, Case No.: 22cv1795-GPC(DDL)

Plaintiff,

JUDGMENT AND ORDER OF

v. DISMISSAL WITH PREJUDICE MICHAEL P. SANTOMASSIMO;

WELLS FARGO BANK, N.A.,

15 Defendants.

17 On November 16, 2022, Barbara-Susan, as next friend to Plaintiff Tim Edward 18 Ortega, signed and filed a “petition for declaratory judgment and record.” (Dkt. No. 1.) 19 Plaintiff did not sign the complaint. (See id.) Because a non-attorney has no authority to 20 appear as an attorney for others, even with a power of attorney, on January 23, 2023, the 21 Court sua sponte dismissed the complaint with leave to file an amended complaint signed 22 by Plaintiff on or before February 17, 2023. (Dkt. No. 14.) The Court warned that if an 23 amended complaint is not filed by the deadline, the Court will dismiss the action with 24 prejudice. (Id.) Because more than 30 days have passed, and Plaintiff, himself, has not 25 signed and filed an amended complaint, the Court DISMISSES the action…

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