Summary
The United States District Court for the Central District of California issued an order to show cause regarding whether the action should be remanded for lack of subject matter jurisdiction. The court found that LGCY Power, LLC had not adequately alleged the citizenship of its members to establish diversity jurisdiction and ordered LGCY to explain why the case should not be remanded to Riverside County Superior Court.
Holdings
- An LLC must identify its members and allege citizenship information sufficient to determine the citizenship of those members, including whether any member is itself an LLC or partnership. LGCY's allegations were insufficient to establish its citizenship and diversity jurisdiction.
- The court ordered LGCY to show cause why diversity jurisdiction exists and why the action should not be remanded; failure to respond would result in remand.
Questions Presented
- Whether LGCY adequately established diversity jurisdiction under 28 U.S.C. § 1332(a) by alleging the citizenship of its LLC members.
- Whether the action should be remanded for lack of subject matter jurisdiction if LGCY could not adequately establish the citizenship of its members.
Disposition
other
Cases Cited (8)
- Bender v. Williamsport Area School District, 475 U.S. 534, 541 (1986)(followed)
- Duncan v. Stuetzle, 76 F.3d 1480, 1485 (9th Cir. 1996)(followed)
- Fifty Associates v. Prudential Insurance Company of America, 446 F.2d 1187, 1190 (9th Cir. 1970)(followed)
- Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- Emrich v. Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988)(followed)
- Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006)(followed)
- Neerman v. Cates, 2022 WL 18278398 (C.D. Cal. July 22, 2022)(followed)
- Matrix International Textile, Inc. v. DMD International, Ltd., 2012 WL 12903645, at *1 (C.D. Cal. July 31, 2012)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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