Sidney Huddleston et al v. Argent Mortgage Company LLC et al

Filing 6

MINUTE ORDER (IN CHAMBERS) by Judge Christina A. Snyder: Proceedings: ORDER TO SHOW CAUSE REGARDING SUBJECT MATTER JURISDICTION. Response to Order to Show Cause due by 11/18/2013. (mg)

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

2:13-cv-07641-CAS-(CWx)

Title

SIDNEY HUDDLESTON ET AL. V. ARGENT MORTGAGE
COMPANY LLC ET AL.

Present: The Honorable

Date

October 23, 2013

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

I.

(In Chambers:) ORDER TO SHOW CAUSE REGARDING
SUBJECT MATTER JURISDICTION

INTRODUCTION

On October 16, 2013, plaintiffs Sidney Huddleston and Tina Cole filed this
complaint against defendants Argent Mortgage Company, LLC, Wells Fargo Bank, N.A.,
Ameriquest Mortgage Company, Park Place Securities, Inc., JP Morgan Chase Bank,
N.A., Mortgage Electronic Registration System, NBG Properties, LLC, and Does 1
through 100, inclusive. Plaintiffs assert a single claim for quiet title.
After reviewing plaintiffs’ complaint, it appears that this Court does not have
jurisdiction over this action. First, the Court concludes that it does not have subject
matter jurisdiction over plaintiffs’ claims on the basis of diversity. “Section 1332 of Title
28 confers jurisdiction on federal courts where there is diversity of citizenship between
plaintiffs and defendants. Diversity jurisdiction requires complete diversity between the
parties—each defendant must be a citizen of a different state from each plaintiff.” In re
Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir. 2008) (citations
omitted).
Here, plaintiffs are California citizens, and the complaint names Wells Fargo Bank,
NA as a defendant. As this Court has found before, a national bank is a citizen of both
the state where it has its main office, as designated by its articles of association, and the
state where it has its principal place of business. See Ochoco v. Wells Fargo Bank, N.A.,
No. CV 12-6196, (C.D. Cal. Aug. 16, 2012) (citing Rouse v. Wachovia Mortg., FSB, No.
EDCV 11-0928, 2012 WL 174206, at *14 (C.D. Cal. 2012)). Absent further guidance
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

2:13-cv-07641-CAS-(CWx)

Date

October 23, 2013

Title

SIDNEY HUDDLESTON ET AL. V. ARGENT MORTGAGE
COMPANY LLC ET AL.

from the Ninth Circuit, the Court is disinclined to revisit this conclusion here. Therefore,
because the Court finds that Wells Fargo’s principal place of business is in California and
plaintiffs are California citizens, the Court cannot exercise jurisdiction on the basis of
diversity of citizenship.1
Moreover, because plaintiffs’ complaint asserts only a state law claim for quiet
title, it does not appear that the Court may exercise jurisdiction over this case on the basis
of a federal question. Accordingly, there does not appear to be a basis for the exercise of
this Court’s subject matter jurisdiction.
In accordance with the foregoing, plaintiffs are hereby ORDERED to show cause
no later than November 18, 2013 why this case should not be dismissed for lack of
subject matter jurisdiction.
IT IS SO ORDERED.
00
Initials of Preparer

:

00

CMJ

1

The complaint does not specify the citizenship of the other defendants.
Accordingly, the Court is unable to determine whether the plaintiffs are citizens of a
different state than the non-Wells Fargo defendants. See, e.g., Majestic Ins. Co. v.
Allianz Int’l Ins. Co., 133 F. Supp. 2d 1218, 1223 (N.D. Cal. 2001) (“Plaintiff bears the
burden of establishing complete diversity.”).
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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