Daniel Brewer v. Aura Recinos et al.

Summary

The United States District Court for the Central District of California granted Daniel Brewer’s motion to remand. The court concluded that Defendants had not established complete diversity because unrebutted evidence indicated that Defendant Aura Recinos was domiciled in California, and it remanded the action to the Los Angeles County Superior Court.

Holdings

1. Complete diversity was not established because Plaintiff's unrebutted allegations and supporting evidence indicated that Defendant Aura Recinos was domiciled in California, the same state as Plaintiff.
2. The action had to be remanded because Defendants failed to establish federal subject-matter jurisdiction and there was serious doubt about their right to remove the case.

Questions Presented

1. Whether the court had diversity subject-matter jurisdiction when the plaintiff alleged, without rebuttal, that Defendant Aura Recinos was domiciled in the same state as the plaintiff.
2. Whether the action should be remanded because the removing defendants failed to establish complete diversity.

Disposition

remanded