The U.S. Court of Appeals for the Ninth Circuit recently held that the federal removal statute authorizes only a “defendant or the defendants” to remove an action to federal court. The Ninth Circuit reversed a District Court’s order denying a borrower’s motion to remand, after an unnamed Trustee removed the action to federal court on behalf of a defendant Trust. In so ruling, the Ninth Circuit held that because an unnamed party removed the case, the District Court should have remanded it instead of retaining jurisdiction.
A Business And Real Estate Litigation Firm Serving California
Month: January 2022
Estate’s Personal Rep Can Sue Individually for Elder Abuse Where Rep is Also Beneficiary of Estate
The California Court of Appeal, Fourth District, recently held that an elder, who is both beneficiary and personal representative of a probate estate, has standing to bring a claim of financial elder abuse in her individual capacity based on allegations that her son...