Calif. App. Court Enforces Co-Tenancy Provision; Holds Liquidated Damages Limitations Do Not Apply Without a Contractual Breach
Calif. App. Courts Disagree Whether Liquidated Damages Limitations Apply Without a Breach of Contract
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Litigation
9th Cir. Holds Only Defendants May Remove an Action to Federal Court; Unnamed Real Party in Interest Cannot Remove Action; Splits With 2nd Cir.
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.
