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
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...