Liu v. Bank of America, N.A.
- Jeffrey White
- 4:23-cv-05211
- U.S. District Court · Northern District of California
- 2
In Liu v. Bank of America, Judge White granted BANA’s motion to dismiss without prejudice because the LLC lacked counsel, and denied Liu’s default motion.
Liu, Redwood 101 Investment LLC, and Bank of America, N.A.; the case was dismissed without prejudice because the LLC did not have counsel.
What happened
In Liu v. Bank of America, N.A., Liu alleged that Bank of America improperly deducted money from an account belonging to Redwood 101 Investment LLC after Liu reported fraud. The court had determined that the LLC was the real party in interest, and Liu is its sole member.
The court accepted the LLC’s ratification of the case but explained that the LLC is a separate legal entity that must have a lawyer. Because Liu had not obtained a lawyer for the LLC, the court dismissed the case without prejudice. The court also denied Liu’s motion for entry of default because Bank of America had properly responded with its motion to dismiss.
Judge Jeffrey White granted Bank of America’s motion to dismiss, ruled that the court had not reached the merits, and directed the clerk to close the case.
The detailed version
- Liu v. Bank of America, N.A. · No. 4:23-cv-05211
- Jeffrey White
- Jan. 6, 2025
Background
Shin-Lin Liu sued Bank of America, N.A. after alleging that the bank improperly deducted funds from a bank account belonging to Redwood 101 Investment LLC after Liu reported fraud connected to the transaction. Bank of America removed the case from Alameda County Superior Court to federal court.
Bank of America previously moved to strike the complaint, arguing that the LLC was the real party in interest. The court denied that motion, found that the LLC was the real party in interest, and gave Liu an opportunity to obtain counsel and have the LLC ratify, join, or be substituted into the case. Liu later provided a ratification from the LLC, which the court accepted.
Motions and Analysis
The court explained that, although Liu is the LLC’s sole member, the LLC is a separate legal entity and must be represented by a lawyer. Because Liu had not obtained counsel for the LLC, the court concluded that it had to dismiss the case.
Liu also moved for entry of default. The court had directed Bank of America to answer or otherwise respond by November 22, 2024. Bank of America filed its motion to dismiss, which the court determined complied with that directive. The court therefore denied Liu’s motion for entry of default.
Ruling
Judge Jeffrey White granted Bank of America’s motion to dismiss. The court expressly stated that it had not reached the merits and dismissed the case without prejudice. The clerk was directed to close the file.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.