Steven Macarthur-Brooks Estate v. Gregory Keith
2:25-cv-02812
C.D. Cal.May 23, 2025Background
- Plaintiffs in this case include an estate and two trusts, all represented by Steven MacArthur-Brooks, who is not a licensed attorney.
- MacArthur-Brooks attempted to represent the organizational plaintiffs in federal court, despite not being permitted to do so under applicable law.
- The court issued a Minute Order requiring the plaintiffs to either secure representation by a licensed attorney or show cause why the action should not be dismissed.
- Plaintiffs failed to respond or comply with the court's order within the required 28 days.
- The court noted that this was not MacArthur-Brooks’s first time being informed that he could not represent organizations in court.
- As a result, the case was dismissed without prejudice for failure to prosecute and failure to comply with a court order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a non-attorney can represent an estate or trust in court | MacArthur-Brooks should be able to represent plaintiffs | Representation must be by a licensed attorney | Non-attorney cannot represent estates/trusts |
| Whether case should be dismissed for failure to secure counsel | No timely argument presented | Dismiss for noncompliance | Dismissed without prejudice |
Key Cases Cited
- In re America West Airlines, 40 F.3d 1058 (9th Cir. 1994) (only licensed attorneys may represent organizations in federal court)
- Link v. Wabash Railroad Co., 370 U.S. 626 (1962) (courts may dismiss actions for failure to prosecute or obey court orders)
- Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (dismissal factors for noncompliance with court orders)
- J.J. Rissell, Allentown PA Trust v. Marchelos, 976 F.3d 1233 (11th Cir. 2020) (trusts may not appear pro se in federal court)