Martin M. Galindo v. Wells Fargo Bank, N.A. et al

Filing 5

MINUTES IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee. SEE ORDER. Response to Order to Show Cause due by 10/22/2012. (im)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

Date

CV 12-08560 DMG (MRWx)

Title Martin M. Galindo v. Wells Fargo Bank, N.A. et al.
Present: The Honorable

October 15, 2012
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY
SUPERIOR COURT
On October 5, 2012, Defendants Wells Fargo Bank, N.A. and First American Trustee
Servicing Solutions, LLC, removed this action from state court on the basis of diversity
jurisdiction. [Doc. #1.]

On January 13, 2012, this Court issued a decision in Rouse v. Wachovia Mortgage, FSB,
No. CV 11-00928 DMG (DTBx), 2012 WL 174206, 2012 U.S. Dist. LEXIS 6962 (C.D. Cal. Jan.
13, 2012), in which it found that because Wells Fargo’s principal place of business is in
California, it is also a citizen of the State of California. The Court thereupon remanded the case
to state court. Here, Plaintiff’s Complaint alleges that Wells Fargo is a citizen of California.
[Doc. #1, Ex. A at ¶10.] Given that Plaintiff is also a California citizen (see id. at ¶1) and
pursuant to this Court’s reasoning in Rouse, it appears that the parties are not diverse. Because
the Complaint does not raise any federal claims, this Court lacks jurisdiction over this case.

Therefore, Wells Fargo is ORDERED TO SHOW CAUSE why this action should not
be remanded for lack of subject matter jurisdiction. Wells Fargo shall file its response on or
before October 22, 2012.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

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