Bases Loaded Investing, LLC v. Peter McDonald; John and Jane Does 1-25

Summary

The United States District Court for the District of Utah granted Bases Loaded Investing, LLC’s motion to remand an unlawful detainer action removed from Utah state court. The court concluded that the defendant failed to establish complete diversity of citizenship and that the amount in controversy did not exceed $75,000. The court denied the request for attorney’s fees and remanded the action to the Fourth Judicial District Court of Utah.

Holdings

1. McDonald failed to prove by a preponderance of the evidence that he was domiciled in Nevada rather than Utah; therefore, complete diversity was not established.
2. McDonald failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000.
3. Bases Loaded was not entitled to attorney's fees incurred as a result of the removal.

Questions Presented

1. Whether McDonald established complete diversity of citizenship sufficient to support federal diversity jurisdiction.
2. Whether the amount in controversy exceeded $75,000 where the complaint sought possession of property and accrued damages but did not seek title to the property.
3. Whether Bases Loaded was entitled to attorney's fees incurred because of the removal.

Disposition

remanded