Chris L. Jones et al v. A Buyer s Choice Home Insptections, ltd., et al
Filing
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ORDER REMANDING CASE TO ORANGE COUNTY SUPERIOR COURT by Judge Cormac J. Carney. The Court REMANDS this case to Orange County Superior Court. Case Terminated. Made JS-6 (iv)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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SOUTHERN DIVISION
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CHRIS L. JONES, et al.,
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Plaintiffs,
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v.
A BUYER’S CHOICE HOME
INSPECTIONS, LTD., et al.,
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Defendants.
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Case No.: SACV 17-00768-CJC (ADSx)
ORDER REMANDING CASE TO
ORANGE COUNTY SUPERIOR
COURT
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A defendant may remove a civil action filed in state court to a federal district court
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if the federal court would have had original jurisdiction over the action. 28 U.S.C.
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§ 1441. Federal courts have subject matter jurisdiction over cases that (1) involve
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questions arising under federal law or (2) are between diverse parties and involve an
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amount in controversy that exceeds $75,000. 28 U.S.C. §§ 1331, 1332. Principles of
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federalism and judicial economy require courts to “scrupulously confine their [removal]
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jurisdiction to the precise limits which [Congress] has defined.” See Shamrock Oil &
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Gas Corp. v. Sheets, 313 U.S. 100, 109 (1941). Indeed, “[n]othing is to be more
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jealously guarded by a court than its jurisdiction.” See United States v. Ceja-Prado, 333
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F.3d 1046, 1051 (9th Cir. 2003) (internal quotations omitted).
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When Defendants removed this case, they asserted that the Court has diversity
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jurisdiction. (Dkt. 1.) (The Complaint [Dkt. 1-2] asserts a single cause of action for
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breach of contract, so federal question jurisdiction plainly does not exist.) Specifically,
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Defendants asserted that “[c]omplete diversity exists in that Plaintiffs are both citizens of
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Canada and all Defendants are citizens of Florida or Canada.” (Dkt. 1 ¶ 18.) However,
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“Section 1332 has been interpreted to require ‘complete diversity.’” Ruhrgas AG v.
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Marathon Oil Co., 526 U.S. 574, 580 n.2 (1999) (citing Strawbridge v. Curtiss, 3 Cranch
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267 (1806)). And “[d]iversity jurisdiction does not encompass foreign plaintiffs suing
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foreign defendants.” Faysound Ltd. v. United Coconut Chemicals, Inc., 878 F.2d 290,
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294 (9th Cir. 1989).
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More specifically, diversity is incomplete in cases where, as appears to be the case
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here, all plaintiffs are foreign citizens and at least one defendant is also a foreign citizen.
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See Ruhrgas, 526 U.S. at 580 n.2 (explaining that “[t]he foreign citizenship of defendant
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Ruhrgas, a German corporation, and plaintiff Norge, a Norwegian corporation, rendered
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diversity incomplete”); Faysound, 878 F.2d at 295 (“Faysound’s original complaint
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asserting that there was federal jurisdiction in a suit between ‘citizens of a foreign state
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and citizens of foreign states and a citizen of a state of the United States’ asserted
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jurisdiction where none existed.”); In re Toyota Motor Corp. Unintended Acceleration
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Mktg., Sales Practices, & Prod. Liab. Litig., 826 F. Supp. 2d 1180, 1197 n.15 (C.D. Cal.
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2011) (“[T]here is not complete diversity between foreign Plaintiffs and a foreign
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Defendant.”).
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On March 26, 2020, the Court issued an order to show cause why this action
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should not be remanded to state court for lack of subject matter jurisdiction. (Dkt. 98.)
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In the order to show cause, the Court described the above authority, and also noted that
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the Court lacks complete information about the parties’ citizenship. First, Plaintiffs
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allege that they are “current residents of Canada and were residents of the State of
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California.” (Dkt. 1-2 [Complaint] ¶ 1.) But they do not allege their citizenship. See
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Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (“Plaintiffs’ complaint
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and Pfizer’s notice of removal both state that Plaintiffs were ‘residents’ of California.
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But the diversity jurisdiction statute, 28 U.S.C. § 1332, speaks of citizenship, not of
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residency.”). Similarly, Plaintiffs allege that the various Defendant entities are Canadian
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corporations and Florida limited liability companies. (Compl. ¶¶ 2–3.) But they do not
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allege the citizenship of the LLC defendants’ members, or the principal place of business
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of the corporation defendant. See Johnson v. Columbia Properties Anchorage, LP, 437
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F.3d 894, 899 (9th Cir. 2006) (“[A]n LLC is a citizen of every state of which its
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owners/members are citizens.”); 28 U.S.C. § 1332(c)(1) (“[A] corporation shall be
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deemed to be a citizen of every State and foreign state by which it has been incorporated
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and of the State or foreign state where it has its principal place of business.”). Finally,
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the Complaint does not appear to allege, the citizenship of Defendant Arne Trejno. Nor
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did Defendants address these issues in their Notice of Removal, despite their burden of
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establishing that the district court has subject matter jurisdiction over the action. See
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Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).
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Neither party filed a response to the Court’s order to show cause regarding
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jurisdiction. And the Court has serious doubts regarding jurisdiction in this case, where
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Plaintiffs are Canadian residents and Defendants are citizens of at least Canada and
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Florida, especially since neither side responded to the Court’s order to show cause. See
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Ruhrgas, 526 U.S. at 580 n.2; Faysound, 878 F.2d at 295; In re Toyota, 826 F. Supp. 2d
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at 1197 n.15.
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“If at any time before final judgment it appears that the district court lacks subject
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matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). “Federal
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jurisdiction must be rejected if there is any doubt as to the right of removal in the first
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instance.” Gaus, 980 F.2d at 566 (emphasis added). Accordingly, the Court REMANDS
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this case to Orange County Superior Court.
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The Court would be remiss if it did not address the unfortunate fact that Defendant
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William Redfern—who also appears to be the sole person in control of the various entity
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defendants—blatantly lied to the Court multiple times. However, the Court lacks
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jurisdiction to act on Mr. Redfern’s bad faith and willful conduct, which wasted
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enormous amounts of the Plaintiffs’ and the Court’s time and resources.
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DATED:
April 3, 2020
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CORMAC J. CARNEY
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UNITED STATES DISTRICT JUDGE
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