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which held that a receiver, who is not a lawyer, cannot appear in federal court
without a lawyer. The decision was based not only on 28 U.S.C. 1654 but also
on the fact that a receiver acting in a representative capacity and, not being a
lawyer, cannot represent third parties or entities. In thinking further about this
issue it dawned on me, like the boy who suddenly realized the emperor has no
clothes, what authority does a California receiver have to appear on behalf of
a receivership estate in state court? While no case directly on point was found,
a number of cases in similar proceedings are explicit that such a representative
cannot appear in court without an attorney.
In City of Downey v. Johnson,[ii] the Court held that neither a conservator nor
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