Diosdado v. Huntington Beach Union High School District
May 11, 2026·8:24-cv-02490-FLA-KES·Unpublished·By Aisha Johnson
The Ninth Circuit affirmed a district court order denying a parent's motion to represent her minor child in a civil action. The court held that under binding precedent, a non-attorney parent or guardian cannot bring an action on behalf of a minor child without retaining a lawyer.
Monique Kristen Diosdado appealed pro se from a district court order denying her motion to represent her minor child in a civil action filed in the United States District Court for the Central District of California.
The court’s reasoning
The panel reviewed the district court’s order de novo. The court relied on binding Ninth Circuit precedent establishing that a non-attorney parent or guardian cannot bring an action on behalf of a minor child without retaining a lawyer. The court cited Grizzell v. San Elijo Elementary Sch. and Herrera v. City of Palmdale to support its conclusion that the district court correctly denied the motion.
What it means going forward
Parents and guardians in the Ninth Circuit must retain legal counsel to file or pursue civil actions on behalf of their minor children; they cannot appear pro se for the child.
