Raw Talent Inc v. Bethenny Frankel et al

Filing 9

ORDER by Judge Dale S. Fischer remanding case to Los Angeles Superior Court, Case number BC461393 Case Terminated. Made JS-6 (Attachments: # 1 Transmittal Letter) (shb) (Attachment 1 replaced on 6/23/2011) (shb).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
JS 6
Case No.
Title

Date

CV 11-5040 DSF (FMOx)

6/22/11

Raw Talent, Inc. v. Bethenny Frankel

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order REMANDING Case to Superior Court

“Federal courts are courts of limited jurisdiction” and “possess only that power
authorized by [the] Constitution and statute . . . .” Kokkonen v. Guardian Life Ins. Co.,
511 U.S. 375, 377 (1994). A defendant may remove an action filed in state court to
federal court if the federal court could exercise subject matter jurisdiction over the action.
28 U.S.C. § 1441(a). However, “[t]he removal statute is strictly construed against
removal jurisdiction” and “[t]he defendant bears the burden of establishing that removal
is proper.” Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087
(9th Cir. 2009). If a defendant fails to meet its burden of establishing the Court has
subject matter jurisdiction, the suit is remanded to state court. 28 U.S.C. § 1447(c).
A corporation is a citizen of the state in which it is incorporated and the state in
which it maintains its principal place of business. 28 U.S.C. § 1332(c)(1). Neither the
complaint nor the notice of removal alleges Plaintiff’s principal place of business. They
only allege that Plaintiff “is resident” in Los Angeles County. Therefore, Defendant has
not met her burden and the case is REMANDED to the Superior Court of California,
County of Los Angeles.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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