Liu

Liu v. Bank of America, N.A.

Good Law
United States District Court, Northern District of CaliforniaMay 28, 20244:23-cv-05211California375 words

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)…

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