Rodney H Dixon v. NPG Music Publishing, LLC et al

Filing 25

ORDER DISMISSING THE ESTATE OF PRINCE ROGERS NELSON AS A DEFENDANT AND DENYING AS MOOT REQUEST FOR ENTRY OF DEFAULT AGAINST THE ESTATE 21 by Judge Otis D. Wright, II: Defendant filed this lawsuit on February 24, 2017, naming The Estate of Prince R ogers Nelson as a Defendant. In California, a trust is not a legal entity and has no capacity to sue or be sued. The Court sua sponte DISMISSES The Estate as a Defendant. Because the Court dismisses The Estate as a Defendant, it DENIES Plaintiffs pen ding request for entry of default against the Estate as MOOT. To sue the Estate, Plaintiff must sue the administrator, executor, or trustee of the estate in its representative capacity and properly serve that entity. (Footnote 1: Defendants NPG Music Publishing, LLC and NPG Records Inc. see ECF no. 19). (lc). Modified on 4/4/2017. (lc).

O

1
2
3
4
5
6
7

United States District Court
Central District of California

8
9
10
11

RODNEY HERACHIO DIXON,

Case № 5:17-cv-00363-ODW (DTB)

Plaintiff,

12

v.

13

ORDER DISMISSING THE ESTATE

14

NPG MUSIC PUBLISHING, LLC; NPG

OF PRINCE ROGERS NELSON AS

15

RECORDS, INC.; THE ESTATE OF

A DEFENDANT AND DENYING AS

16

PRINCE ROGERS NELSON; and DOES

MOOT REQUEST FOR ENTRY OF

17

1–10,

DEFAULT AGAINST THE ESTATE

18

Defendants.

[21]

19
20

Defendant filed this lawsuit on February 24, 2017, naming The Estate of Prince

21

Rogers Nelson (“The Estate”) as a Defendant. (ECF No. 1.) In California, a trust is

22

not a legal entity and has no capacity to sue or be sued. Green v. Cent. Mortg. Co.,

23

148 F. Supp. 3d 852, 864 (N.D. Cal. 2015) (citing Jordan v. Paul Fin., LLC, 644 F.

24

Supp. 2d 1156, 1172 (N.D. Cal. 2009)); Blue Ridge Ins. Co. v. Stanewich, 142 F.3d

25

1145, 1150 (9th Cir. 1998); Greenspan v. LADT, LLC, 191 Cal. App. 4th 486, 522

26

(2010) (“A trust . . . is simply a collection of assets and liabilities. As such, it has no

27

capacity to sue or be sued, or to defend an action.”) Therefore, the Court sua sponte

28

DISMISSES The Estate as a Defendant. Because the Court dismisses The Estate as a

1

Defendant, it DENIES Plaintiff’s pending request for entry of default against the

2

Estate (ECF No. 21) as MOOT.

3

administrator, executor, or trustee of the estate in its representative capacity and

4

properly serve that entity.1

To sue the Estate, Plaintiff must sue the

5
6

IT IS SO ORDERED.

7

April 4, 2017

8

____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

Defendants NPG Music Publishing, LLC and NPG Records Inc. have identified Comerica Bank
and Trust, N.A. as The Estate’s representative. (See ECF No. 19.)

2