Tammie LaRae Bowser Foreign Grantor Trust v. Shellpoint Mortgage Servicing

Summary

The United States District Court for the Central District of California dismissed without prejudice an action brought by the Tammie LaRae Bowser Foreign Grantor Trust. The court held that Bowser, a non-attorney, could not represent the trust pro se absent a showing that she was the beneficial owner of the trust's claims, and noted her failure to respond to two orders to show cause and repeated violations of court rules and orders.

Holdings

1. A non-attorney generally may not represent a trust pro se in federal court because the privilege of self-representation is personal to the individual, not to a trust or other entity. A trustee may do so only if she demonstrates that she is the beneficial owner of the trust's claims.
2. The action was properly dismissed without prejudice because Bowser failed to respond to two orders to show cause concerning her improper pro se representation of the trust and failed to obtain counsel for the trust.
3. Repeated violations of the court's standing order, self-representation order, and Local Rules supplied a separate ground for dismissal under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether a non-attorney trustee may represent a trust pro se in federal court.
2. Whether the action should be dismissed when the individual attempting to represent the trust fails to obtain counsel and fails to respond to orders to show cause.
3. Whether repeated violations of court orders and Local Rules provide an independent basis for dismissal under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed