Mr Cooper Group Inc (COOP)

[mordicai]

That statement imo is simply not true. First, if any action is dismissed the relief requested therein has not been ordered/granted. Second, the probate division in California is granted jurisdiction over the internal affairs of a trust. see http://www.easylawlookup.com/California-Law/Probate-Code/pg-310/_easylookup.blp?data=PROBATE&site=EASY&pgno=310. Section 17001 "In proceedings commenced pursuant to this division, the court is a court of general jurisdiction and has all the powers of the superior court.". Why the need to go to Superior court then? There are no other claims in this particular matter that would come under the jurisdiction of the Superior Court.

So once the probate judge signs the order granting the relief and disposing of all matters raised in the petition (making it a final judgment) the clerk enters the order in the judgment book and the time to appeal this matter starts ticking...I believe it is 60 days in California. But since no one who was duly noticed objected, they basically have waived their right to appeal.

Now it is my understanding that lawyers in California will file the petition both in the Superior court and the probate court when it is not clear where jurisdiction over a particular cause of action lies. I do not believe that happened here, but even if it did DB would have to get the Superior court to affirm/agree with what the probate court ruled and/or decide a claim which the probate court did not have jurisdiction over. But a dismissal would in no way be sought by db because that does not produce the relief requested.