Clinco

Clinco v. Roberts

Good Law
41 F. Supp. 2d 1080·1999 WL 98614·1999 U.S. Dist. LEXIS 10492
United States District Court, Central District of CaliforniaFebruary 25, 1999CV 98-9263 DDP (CWx)California4,238 words

Opinion

Opinion

Pregerson, J.

ORDER DENYING PLAINTIFF’S MOTION TO AMEND COMPLAINT AND MOTION TO REMAND

This matter comes before the Court on plaintiff Peter Clinco’s motion to remand. The motion is based on Clinco’s filing of a first amended complaint which destroys diversity. The Court does not permit Clinco to so amend the complaint and therefore denies the motion to remand.

I. Background

A. Facts

According to the complaint, plaintiff Clinco is an attorney who represented a client named A.G. Dorsey, professionally known as Engelbert Humperdinck. Dorsey had a partnership with an entity known as the Capricorn II Trust, a trust controlled by J. Cutler Roberts. In addition to the Capricorn II entity, J. Cutler Roberts also controlled another trust known as the Capricorn I Trust.

In 1995, Dorsey was attempting to finance production of a concert video and was in need of collateral. To meet this need, Dorsey sought permission from J. Cutler Roberts to use the partnership’s equity as collateral for the video. According to Clinco, J. Cutler Roberts’s son, defendant Dennis Roberts, arranged this funding.

J. Cutler Roberts has since deceased and Dennis Roberts has succeeded his interests in the trusts. Clinco…

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