Salvatore Tomasello v. Wells Fargo Bank NA et al

Filing 21

(IN CHAMBERS) Order to Show Cause re Jurisdiction by Judge James V. Selna. Plaintiff is ordered to show cause in writing within ten days why the case should not be dismissed for lack of jurisdiction. In addition, plaintiff shall state the citizenship of each party to the action. (See document for further details.) The Motion to Dismiss, presently scheduled to heard on December 17, 2012, will be held in abeyance pending the Courts disposition of this order to show cause. (rla)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

Case No.

SACV 12-1812 JVS (MLGx)

Title

December 4, 2012

Salvatore Tomasello v. Wells Fargo Bank N.A., et al.

Present: The
Honorable

James V. Selna
Karla J. Tunis

Not Present

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

Order to Show Cause re Jurisdiction

Plaintiff is ordered to show cause in writing within ten days why the case
should not be dismissed for lack of jurisdiction. In addition, plaintiff shall state the
citizenship of each party to the action.
Although plaintiff nominally invokes 28 U.S.C. §§ 1331,1343, 15 U.S.C. §
1692, 12 U.S.C. § 2605, and 42 U.S.C. § 1983 (Complaint, ¶ 12), no claim is asserted
that would arise under any of these statutes.
With respect to diversity jurisdiction under 28 U.S.C. § 1332, the Court has
previously determined and Well Fargo Bank N.A. (“Wells Fargo”) has conceded in prior
litigation that Wells Fargo is a citizen of California. E.g., Uriarte v. Wells Fargo Bank,
N.A., No. 11-cv-2082-IEG (WVG), 2011 WL 5295285, at *1 n.2 (S.D. Cal. Nov. 3,
2011) (“Wells Fargo does not contest that its principal place of business is in San
Francisco, California.”); Mount v. Wells Fargo Bank, N.A., No. CV 08-6298 GAF
(MANx), 2008 WL 5046286, at *1 (C.D. Cal. Nov. 24, 2008) (noting that Wells Fargo
“has regularly described its principal place of business as San Francisco, California”);
Mania Bakhtavar v. Wells Fargo Bank, N.A. et al., SACV 12-01330 JVS (JPRx), Docket
No. 8, pp. 1-2. If Wells Fargo is a citizen of California, then this Court has no subject
matter jurisdiction because there is not complete diversity between the parties.
With respect to the declaratory relief statutes, 28 U.S.C. § 2201, “a case of a
actual controversy within [the Court’s] jurisdiction” must first appear, and none does.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

Case No.

SACV 12-1812 JVS (MLGx)

Title

December 4, 2012

Salvatore Tomasello v. Wells Fargo Bank N.A., et al.

The Motion to Dismiss, presently scheduled to heard on December 17, 2012,
will be held in abeyance pending the Court’s disposition of this order to show cause.

0
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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