Pena v. Wells Fargo Bank NA et al

Filing 22

ORDER signed by Judge Lawrence K. Karlton on 4/5/12 ORDERING this matter is REMANDED to the state court for lack of federal subject matter jurisdiction, REMANDING CASE to Yuba County Superior Court, #11-0000375. Copy of remand order sent to other court. CASE CLOSED.(Becknal, R)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 MARIA PENA,
NO. CIV. S-11-1761 LKK/CKD PS
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Plaintiff,
v.

13 WELLS FARGO BANK NA, et al.,

O R D E R

Defendant.

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On July 1, 2011, Defendant Wells Fargo Bank, N.A., removed

17 this breach of contract and tort action from state court, solely
18 on the basis of diversity of citizenship.

Wells Fargo asserts

19 that it is a citizen exclusively of South Dakota, and that
20 plaintiff is a citizen of California.
21 No. 1).

Notice of Removal (Dkt.

On November 14, 2011, this court ordered the parties to

22 Show Cause why this matter should not be remanded to state court
23 for lack of subject matter jurisdiction.

Dkt. No. 17.

This

24 court had previously determined that Wells Fargo was a citizen of
25 California, thus destroying diversity jurisdiction.

See Guinto

26 v. Wells Fargo Bank, N.A., Civ. S-11-372-LKK, 011 WL 4738519
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1 (E.D. Cal. 2011).1
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Wells Fargo responded by arguing that Guinto was wrongly

3 decided, and that the binding Ninth Circuit authority of American
4 Surety Co. V. Bank of California, 133 F.2d 160 (9th Cir. 1943),
5 upon which Guinto relies, was “simply wrong.”
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Dkt. No. 18.

This court has recently re-affirmed its decision in Guinto,

7 after giving Wells Fargo an opportunity to address American
8 Surety, and any other cases it believed to be pertinent.

See

9 Taheny v. Wells Fargo Bank, N.A., Civ. S-10-2123 LKK (E.D.
10 Cal. April 3, 2012) (Dkt. No. 60).
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Accordingly, this matter is REMANDED to the state court for

12 lack of federal subject matter jurisdiction.
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IT IS SO ORDERED.

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DATED:

April 5, 2012.

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The bank is also a citizen of South Dakota, pursuant to the
authority of Wachovia Bank v. Schmidt, 546 U.S. 303 (2006).
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