Krystal Ventures, LLC v. Gentry Beach

Filing 11

MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Dolly M. Gee: The Complaint fails to plead the citizenship of any of Plaintiff's owners or members. Plaintiff is ORDERED TO SHOW CAUSE in writing by no later than 10/22/2020 why this action should not be dismissed for lack of subject matter jurisdiction. Court Reporter: Not Reported. (gk)

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

CV 20-9315-DMG (PDx)

Date

Title Krystal Ventures, LLC v. Gentry Beach
Present: The Honorable

October 15, 2020
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
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 DISMISSED FOR LACK OF SUBJECT MATTER
JURISDICTION
On October 9, 2020, Plaintiff Krystal Ventures, LLC filed a Complaint against Defendant
Gentry Beach asserting claims for breach of contract, fraud, and unjust enrichment. [Doc. # 1.]
Plaintiff asserts subject matter jurisdiction based on the existence of complete diversity,
28 U.S.C. § 1332, but the Complaint fails to adequately plead “complete diversity between the
parties,” namely, that Defendant is a citizen of a different state than Plaintiff. Diaz v. Davis, 549
F.3d 1223, 1234 (9th Cir. 2008) (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267, 2 L.
Ed. 435 (1806)); see Compl. at ¶ 6. Plaintiff is a limited liability company and is therefore a
citizen of every state in which its owners or members are citizens. See Johnson v. Columbia
Props. Advantage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The Complaint fails to plead the
citizenship of any of Plaintiff’s owners or members.
In light of the foregoing, Plaintiff is ORDERED TO SHOW CAUSE in writing by no
later than October 22, 2020 why this action should not be dismissed for lack of subject matter
jurisdiction.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk kt