Opinion
4:23-cv-01759-YGR
07-14-2023
SANA BHUMBLA, Plaintiff, v. PNC BANK, NATIONAL ASSOCIATION; KIM BEASLEY; and DOES 1 through 50, inclusive, Defendants.
ORDER FOR SUPPLEMENTAL INFORMATION RE PENDING MOTION FOR REMAND
DKT. NO. 15
YVONNE GONZALEZ ROGERS, UNITED STATES DISTRICT JUDGE
Before the Court is plaintiff's request for remand of this action to state court for lack of diversity. (Dkt. No. 15.) Plaintiff argues that there is a lack of diversity because she and defendant Kim Beasley both reside in California. This is inadequate for determining diversity. A “natural person's state citizenship is . . . determined by [his or] her state of domicile, not [his or] her state of residence. Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001).
The Court assumes that plaintiff means to allege that both she and defendant are “citizens” of California. This is a common problem with pleadings but the distinction matters. Further, defendants do argue to the contrary which supports the Court's assessment.
Given defendants did not raise this issue in their removal motion or opposition to remand, they have waived the ability to challenge plaintiff's and Beasley's California citizenship for purposes of the remand motion.
In the interest of conserving judicial resources, the Court Orders plaintiff to file a statement by Monday, July 17, 2023 confirming whether she would be able to amend to allege that both she and Beasley are citizens of California.
The hearing set for Tuesday July 18, 2023 is VACATED. An order on plaintiffs motion will issue on the papers and without a hearing, as permitted by Civil Local Rule 7-1(b) and Federal Rule of Civil Procedure 78. See Lake at Las Vegas Investors Group, Inc. v. Pacific Malibu Dev. Corp., 933 F.2d 724, 729 (9th Cir. 1991).
IT IS SO ORDERED.