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Albert Alviar, An Individual; Elizabeth Alviar, An Individual v. Wells Fargo Home Mortgage Business Entity Unknown

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 3, 2010

ALBERT ALVIAR, AN INDIVIDUAL; ELIZABETH ALVIAR, AN INDIVIDUAL, PLAINTIFF,
v.
WELLS FARGO HOME MORTGAGE BUSINESS ENTITY UNKNOWN;
FIRST AMERICAN LOANSTAR TRUSTEE SERVICES, BUSINESS ENTITY UNKNOWN, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER DENYING PLAINTIFFS' MOTION TO REMAND CASE TO SUPERIOR COURT OF CALIFORNIA [Motion filed on October 28, 2010]

Presently before the court is Albert and Elizabeth Alviar's (collectively "Plaintiffs") Motion to Remand Case to Superior Court of California. Plaintiffs argue that Defendant Wells Fargo Home Mortgage is a citizen of California, and, therefore, the parties are non-diverse and this court lacks subject matter jurisdiction over this dispute. After reviewing the parties' moving papers and arguments, the court denies Plaintiffs' motion.

The court finds that complete diversity exists and Plaintiffs pleaded an amount in controversy in excess of the statutory minimum. Therefore, this court has subject matter jurisdiction. Specifically, Plaintiffs are citizens of the State of California and, pursuant to 28 U.S.C. § 1348, Defendant Wells Fargo Home Mortgage is a citizen of South Dakota. See Wachovia Bank v. Schmidt, 546 U.S. 303, 307 (2006) (explaining that "a national bank, for § 1348 purposes, is a citizen of the State in which its main office, as set forth in its articles of association, is located"). Accordingly, the case was properly removed, the court has subject matter jurisdiction on the basis of diversity of citizenship, and the court shall retain jurisdiction. See 28 U.S.C. § 1332.

For the foregoing reasons, Plaintiffs' motion to remand is DENIED.

IT IS SO ORDERED.

20101203

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