Judge Orders Successors In Interest To File Motion To Substitute
Mealey's (July 14, 2017, 1:59 PM EDT) -- SAN DIEGO — A California federal judge on July 12 refused to rule on a loan-servicing company's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA) until the parties move to substitute the deceased plaintiff with her successors in interest (Margarette Smith v. Specialized Loan Servicing LLC, No. 16cv2519, S.D. Calif., 2017 U.S. Dist. LEXIS 109002).
(Opinion available. Document #58-170718-040Z.)
Margarette Smith executed a durable power of attorney, assigning her daughter Lynette Ethan-Groza the...