Nicole Moraitis Brazil v. Daniel Baskin

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:20-cv-00895-JLS-ADS Date: July 07, 2020 Title: Nicole Moraitis Brazil v. Daniel Baskin Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

Terry Guerrero N/A Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED FOR LACK OF

SUBJECT MATTER JURISDICTION

Plaintiff filed this action on May 13, 2020, seeking only declaratory relief. (Compl., Doc 1.) She alleges that in September 2015, Defendant engaged the services of a law firm to file for bankruptcy on behalf of himself and Plaintiff, his wife, falsely representing that she had authorized him to do so. (See id. ¶¶ 8–12.) However, “[a]t the time the case was filed, [Plaintiff] was not capable of appointing an agent to act on her behalf due to a lack of legal capacity to do so,” which “[Defendant] knew or should have known.” (Id. ¶ 11.) Plaintiff asks the Court to “make a finding and…