Case Information
*1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA YASMIN KANJI, an individual, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CV 20-3820-RSWL-SK ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION
Plaintiff, v.
BANK OF AMERICA, N.A., a United States corporation; and DOES 1 through 25,
Defendants.
Defendant Bank of America, N.A. (“Defendant” or “BANA”) filed its Notice of Removal [1] on April 27, 2020. In its Notice of Removal, with regard to the citizenship of Plaintiff Truong Le (“Plaintiff”), Defendant stated, “Because Plaintiff is a citizen of California, and BANA is a citizen of North Carolina, complete diversity of citizenship exists.” Notice of Removal ¶ 11, ECF No. 1. In support of diversity jurisdiction, Defendant states that “Based on the *2 Complaint, Plaintiff is domiciled in Los Angeles County, California and is therefore a citizen of California.” Id. ¶ 8. But, the allegation in the Complaint as to Plaintiff’s citizenship merely states, “Plaintiff Yasmin Kanji (‘Ms. Kanji’) is an individual who resides within the County of Los Angeles, in California.” Notice of Removal, Attachment #1 (“Compl.”) ¶ 1, ECF No. 1-1. To invoke diversity jurisdiction, Defendant must prove complete diversity of citizenship between the parties. 28 U.S.C. § 1332. A natural person’s state citizenship is “determined by her state of domicile, not her state of residence.” Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001).
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A notice of removal “alleging diversity of citizenship upon information and belief is insufficient” to prove complete diversity. Bradford v. Mitchell Bros. Truck Lines, 217 F. Supp. 525, 527 (N.D. Cal. 1963); see Doherty v. Ocwen Fin. Corp., No. CV 14-7118 PA (Ex), 2014 U.S. Dist. LEXIS 131247, at *4 (C.D. Cal. Sep. 16, 2014) (remanding case when the defendant alleged the plaintiffs’ citizenship based solely on “information and belief”). As such, Defendant is HEREBY ORDERED to show, in writing, on or before May 29, 2020, evidence of Plaintiff’s citizenship or this Action will be remanded.
IT IS SO ORDERED.
DATED: May 15, 2020 /s/ Ronald S.W. Lew HONORABLE RONALD S.W. LEW Senior U.S. District Judge