Briana White v. HUB International Midwest Limited

Summary

The United States District Court for the Central District of California held that the defendant failed to plausibly establish the plaintiff's citizenship for purposes of diversity jurisdiction because the removal allegations showed only residence, not domicile. The court granted the plaintiff's motion to remand and remanded the action to Riverside County Superior Court for lack of subject matter jurisdiction.

Holdings

1. An allegation that an individual resides in a state, without an allegation or evidence addressing domicile and intent to remain or return, is insufficient to plausibly establish that individual's citizenship for diversity-jurisdiction purposes.
2. The action must be remanded to state court because Defendant failed to establish the Court's subject matter jurisdiction.

Questions Presented

1. Whether Defendant plausibly established complete diversity of citizenship by showing that Plaintiff was domiciled in California rather than merely residing there.
2. Whether the action should be remanded under 28 U.S.C. § 1447(c) for lack of subject matter jurisdiction.

Disposition

remanded