Salva et al v. NBS Default Services, LLC et al

Filing 4

ORDER OF REMAND. The case is remanded to the San Diego Superior Court. Signed by Judge Larry Alan Burns on 2/26/2018.(All non-registered users served via U.S. Mail Service)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
IGOR SALVA, et al.,

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Plaintiffs,

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CASE NO. 18cv384-LAB (JLB)
ORDER OF REMAND

vs.
NBS DEFAULT SERVICES, LLC, et al. ,

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Defendants.

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Plaintiffs sued Wells Fargo Bank and three other entities for various state law claims.

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Wells Fargo removed the action based on diversity of citizenship. But as the party seeking

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removal , Wells Fargo had the burden to establish original jurisdiction; in this case, by

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properly alleging complete diversity. 28 U.S.C. §§ 1332, 1441. Here, the notice of removal

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fails to state the citizenship for each member of Breckenridge Property Fund 2016, LLC ,

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and NBS Default Services, LLC . See Lindley Contours, LLC v. AABB Fitness Holdings, Inc.,

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414 F. App'x 62, 65 (9th Cir. 2011) (remanding for lack of jurisdiction after failing to allege

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LLC members' citizenship). Instead, Wells Fargo offered a principal place of business for

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these limited liability corporations. That's not the test in the Ninth Circuit. See Johnson v.

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Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (holding "an LLC is

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a citizen of every state of which its owners/members are citizens"). The case is remanded

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to the San Diego Superior Court. 28 U.S.C. § 1447(c).

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IT IS SO ORDERED.
Dated :

i-, u;. ./t6
HONORABLE LARRY ALAN BURNS

United States District Judge