Levent Anik v. AvalonBay Communities, Inc. et al

Filing 14

MINUTE ORDER IN CHAMBERS REMANDING ACTION TO STATE COURT by Judge George H. Wu Case remanded to Los Angeles Superior Court Central District, Case number BC605354. Case Terminated. Made JS-6. (mrgo)

REMAND/JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-7667-GW (SSx)

Title

Levent Anik v. AvalonBay Communities, Inc., et al.

Present: The Honorable

Date

November 10, 2016

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

PROCEEDINGS (IN CHAMBERS):

ORDER REMANDING ACTION TO STATE COURT

On October 14, 2016, Defendant AvalonBay Communities, Inc. (“AvalonBay”) removed this
case to federal court alleging diversity jurisdiction. See Notice of Removal, Docket No. 1. However,
AvalonBay also alleges that Defendant Ralph’s Grocery Company (“Ralph’s”) has its principal place of
business and corporate headquarters located in Compton, California. Id. ¶ 24. In other words,
AvalonBay concedes that Ralph’s is a citizen of California. See 28 USC § 1332(c)(1). As such, Ralph’s
is a “local defendant,” which precludes removal on the basis of diversity jurisdiction. See id. §
1441(b)(2); Schwarzer, Tashima & Wagstaffe, Cal. Prac. Guide: Fed. Civ. Proc. Before Trial(The
Rutter Group 2016) §§ 2:2320 and 2:3117. For this reason, the Court finds an absence of subject matter
jurisdiction based on diversity over this action and the case is therefore remanded.

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
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