De La Rosa v. Centennial Real Estate Management, LLC

Summary

The United States District Court for the Northern District of California ordered Centennial Real Estate Management, LLC to show cause why the case should not be remanded for lack of subject matter jurisdiction. The court found that the notice of removal inadequately alleged the citizenship of the LLC members and Northridge Mall, preventing the court from determining whether complete diversity existed.

Holdings

1. The removing party must establish that removal is proper, including the facts necessary to demonstrate complete diversity and the required amount in controversy.
2. A limited liability company is a citizen of every state of which its owners or members are citizens; allegations that omit the citizenship of an LLC's owners or members are insufficient to establish complete diversity.
3. A party invoking diversity jurisdiction must affirmatively allege the actual citizenship of the relevant parties; alleging only that an entity is not listed on a state Secretary of State website is insufficient.

Questions Presented

1. Whether the notice of removal adequately established federal diversity jurisdiction.
2. Whether the citizenship allegations for Centennial and Windsor Fashions Holdings LLC were sufficient when the citizenship of their owners or members was not alleged.
3. Whether the allegation that Northridge Mall was not listed on the California Secretary of State website adequately alleged that party's citizenship.

Disposition

other