Morgan v. Wells Fargo Bank, N.A.

Filing 8

REMAND ORDER signed by Judge Garland E. Burrell, Jr. on 3/27/2013 REMANDING CASE to Superior Court of the State of California, County of Solano. Copy of remand order sent to other court. CASE CLOSED. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HARRIET MORGAN,
Plaintiff,

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v.
WELLS FARGO BANK, N.A., as
successor by merger to WELLS
FARGO HOME MORTGAGE, INC., and
also as successor by merger to
WELL FARGO BANK, N.A. f/k/a
WACHOVIA MORTGAGE, F.S.B. f/k/a
WORLD SAVINGS BANK, F.S.B.; and
DOES 1—100 inclusive,
Defendant.
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2:13-cv-00524-GEB-AC
REMAND ORDER

Wells Fargo removed this case from the Superior Court of the
State of California in the County of Solano, asserting federal subject
matter jurisdiction based on diversity of citizenship under 28 U.S.C. §
1332. (ECF No. 1.) Wells Fargo states in its Notice of Removal that
Plaintiff “is a citizen of California based on domicile” and that Wells
Fargo is a citizen of South Dakota. (Id.) However, this argument, and
the other arguments Wells Fargo makes in support of its removal, are
unpersuasive in light of the exhaustive analysis of the same issues in
Taheny v. Wells Fargo Bank, N.A., 878 F. Supp. 2d 1093 (E.D. Cal. 2012),
which this Court finds persuasive and had previously adopted. See Gosal
v. Wells Fargo Bank, N.A., No. 2:12-cv-02024-GEB-CKD, 2012 WL 4961696,
at *1—2 (E.D. Cal. Oct. 15, 2012) (Burrell, J.) (following Taheny and
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holding that Wells Fargo is a citizen of South Dakota as well as

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California).

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Since

both

Plaintiff

and

Wells

Fargo

are

citizens

of

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California, the Court is without subject matter jurisdiction, and this

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case is remanded to the Superior Court of the State of California in the

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County of Solano.

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Dated:

March 27, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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