Liu
Liu v. Bank of America, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHIN-LIN LIU, Case No. 23-cv-05211-JSW
Plaintiff,
ORDER CONTINUING CASE
v. MANAGEMENT CONFERENCE
BANK OF AMERICA, N.A., Re: Dkt. No. 30 Defendant.
12 The Court has received a letter from Shin-Lin Liu regarding legal representation. Defendant moved to strike the Complaint on the basis that a limited liability company (“LLC”) is the real party in interest. Based on the allegations, the Court agreed but deferred ruling on Defendant’s motion to strike the Complaint because “[t]he court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.” Fed. R. Civ. P. 17(a)(3). “A proper ratification pursuant to Rule 17(a)…