Summary
The Central District of California grants Plaintiffs’ motion to remand a motor-vehicle negligence action to state court. The court concludes that complete diversity is absent because Plaintiffs and the remaining defendant, Armen Hambardzumyan, are alleged to be California residents. The court also notes that Hertz had been voluntarily dismissed and that the remand motion was effectively unopposed.
Holdings
- Complete diversity did not exist because the complaint alleged that the plaintiffs and the remaining defendant, Armen Hambardzumyan, were California citizens.
- The action had to be remanded because the court lacked subject matter jurisdiction.
Questions Presented
- Whether the district court had diversity subject matter jurisdiction where the complaint alleged that both plaintiffs and the remaining defendant were California citizens.
- Whether the action should be remanded after the removing defendant was voluntarily dismissed and could no longer establish complete diversity.
Disposition
remanded
Cases Cited (6)
- Hunter v. Philip Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009)(followed)
- In re Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir. 2008)(followed)
- Abrego Abrego v. The Dow Chem. Co., 443 F.3d 676, 684 (9th Cir. 2006) (per curiam)(followed)
- Harris v. Bankers Life & Cas. Co., 425 F.3d 689, 698 (9th Cir. 2005)(followed)
- Gemaehlich v. Air & Liquid Sys. Corp., No. 22-cv-07518-CRB, 2023 WL 2783668, at *2 (N.D. Cal. Apr. 5, 2023)(followed)
- Gould v. Mut. Life Ins. Co. of N.Y., 790 F.2d 769, 773 (9th Cir. 1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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