E*Trade argued the case should be moved to Manhattan, where it's headquarters are, because Lohan hasn't lived in Long Island for years and therefore shouldn't have filed suit there. However, Lohan contended she still lived with her mom in Merrick - but Justice James Yates found she didn't bother to submit any evidence to back up her claim.
The 24-year-old "has solely relied on the fact that the home in Nassau County belongs to her mother, and has not submitted any proofs . . . that she has stayed there for any length of time, " the New York Post quoted Yates as writing. Substantial evidence such as a lease, voter registration, tax returns, insurances policies or even mail addressed to plaintiff could have sufficed and would be probative of her residence. Yet, plaintiff did not submit any of these proofs."
E*Trade maintained Lohan's actually a Los Angeles resident, pointing out that she has a California driver's license. They also submitted newspaper clippings of her misadventures to show she spends the bulk of her time there. The company also maintains the "Mean Girls" star's suit is frivolous, and said they plan to ask the judge to throw it out.