Diane E. Depould v. Wells Fargo Bank, N.A. et al

Filing 11

ORDER REMANDING CASE by Judge Dean D. Pregerson : This court therefore lacks subject matter jurisdiction. Accordingly, this matter is REMANDED to California state court. All pending motions are VACATED 9 . cc: order, docket, remand letter to Los Angeles Superior Court, West District, Santa Monica, Case number SC 120873. Case Terminated. Made JS-6 (Attachments: # 1 remand letter) (lc). Modified on 7/31/2013 .(lc).

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cc: order, docket, remand letter to
Los Angeles Superior Court, West District,
Santa Monica, SC 120873.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DIANE E. DEPOULD, an
individual,

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Plaintiff,
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v.
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WELLS FARGO BANK, N.A., a
National Association; NDEX
WEST, LLC, a Delaware
limited liability company,
Defendants.
___________________________

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Case No. CV 13-04865 DDP (PLAx)
ORDER REMANDING CASE

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Plaintiff originally filed a complaint in Los Angeles County

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Superior Court.

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removed to this court on the basis of diversity jurisdiction,

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asserting that it is a resident of South Dakota, NDEX WEST is a

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citizen of Delaware, Texas, Michigan, and Minnesota, and Plaintiff

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is a resident of California.

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Defendant Wells Fargo Bank, National Association,

(Notice of Removal at 3.)

This court has an independent duty to determine whether it has

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subject matter jurisdiction, regardless whether the parties have

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raised the issue.

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Inc., 360 F.3d 960, 966 (9th Cir. 2004).

United Investors Life Ins. Co. v. Waddell & Reed
“If at any time before

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final judgment it appears that the district court lacks subject

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matter jurisdiction, the case shall be remanded.”

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1447(c) (emphasis added); Fed. R. Civ. P. 12(c) (“If the court

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determines at any time that it lacks subject-matter jurisdiction,

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the court must dismiss the action.”).

28 U.S.C. §

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District courts have original jurisdiction “of all civil

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actions where the matter in controversy exceeds the sum or value of

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$75,000, exclusive of interest and costs and is between . . .

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citizens of different States.”

28 U.S.C. § 1332(a)(1).

Complete

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diversity of citizenship is required, meaning each of the

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plaintiffs must be a citizen of a different state than each of the

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defendants.

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Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996).

Here, the court finds that both Plaintiff and Defendant Wells

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Fargo Bank, N.A. (“Wells Fargo”) are citizens of California.

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Several courts in this Circuit have held that a national banking

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association is a citizen of the state where its principal place of

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business is located.

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878 F. Supp. 2d 1093, (E.D. Cal. 2012); Singer v. Wells Fargo Bank,

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N.A., No. SACV 12-801, 2012 WL 2847790 (C.D. Cal. July 11, 2012);

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Rouse v. Wachovia Mortg., FSB, No. EDCV 11-00928, 2012 WL 174206

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(C.D. Cal. Jan. 13, 2012); Guinto v. Wells Fargo Bank, CIV.

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S-11-372 LKK, 2011 WL 4738519 (E.D. Cal. Oct. 5, 2011).

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courts have therefore concluded that Wells Fargo is a citizen of

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California.

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2012 WL 2847790, at *5; Rouse, 2012 WL 174206, at *14; Raifman v.

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Wachovia Securities, LLC, No. C 11-02885 SBA, 2012 WL 1611030 at *1

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(N.D. Cal. May 8, 2012); Guinto, 2011 WL 4738519, at *3.

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court agrees with these well-reasoned decisions.

See, e.g., Taheny v. Wells Fargo Bank, N.A.,

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See, e.g., Taheny, 878 F. Supp. 2d at 1094; Singer,

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This

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Because both Plaintiff and Defendant Wells Fargo are citizens

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of California, the parties are not completely diverse.

With no

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federal question involved in the action, this court therefore lacks

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subject matter jurisdiction.

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to California state court.

Accordingly, this matter is REMANDED

All pending motions are VACATED.

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IT IS SO ORDERED.

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Dated: July 31, 2013
DEAN D. PREGERSON
United States District Judge

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