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Title Helen T. Aquino, et al. v. Wells Fargo Home Mortgage Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 16, 2012

TITLE HELEN T. AQUINO, ET AL.
v.
WELLS FARGO HOME MORTGAGE INC., ET AL.

The opinion of the court was delivered by: Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS-ORDER REMANDING CASE TO LOS ANGELES COUNTY SUPERIOR COURT

On January 19, 2011, the Court ordered Defendant Wells Fargo Bank, N.A. ("Wells Fargo") to show cause ("OSC") why this action should not be remanded to state court for lack of diversity jurisdiction pursuant to the Court's reasoning in Rouse v. Wells Fargo Bank, N.A., Case No. CV 11-928-DMG (DTBx), 2012 WL 174206 (C.D. Cal. Jan. 13, 2012). Wells Fargo's response was due on February 3, 2012. As of the date of this Order, Wells Fargo as not filed any response.

"The burden of establishing federal subject matter jurisdiction falls on the party invoking removal." Marin Gen. Hosp. v. Modesto & Empire Traction Co., 581 F.3d 941, 944 (9th Cir. 2009) (citing Toumajian v. Frailey, 135 F.3d 648, 652 (9th Cir. 1998)). There is a "strong presumption against removal jurisdiction," and courts must reject it "if there is any doubt as to the right of removal in the first instance." Geographic Expeditions, Inc. v. Estate of Lhotka ex rel. Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010) (quoting Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (per curiam)) (internal quotation marks omitted).

Wells Fargo removed this action from state court on the basis of diversity jurisdiction on January 28, 2011. Relying on Wachovia Bank v. Schmidt, 546 U.S. 303, 126 S.Ct. 941, 163 L.Ed.2d 797 (2006), Wells Fargo asserted that, as a national banking association, it is solely a citizen of the state in which its main headquarters are located. (Notice of Removal at 3; Doc. #

1.) Thus, Wells Fargo maintains that it is solely a citizen of South Dakota because its articles of association designate its headquarters in Sioux Falls, South Dakota. (Id.) Schmidt, however, expressly declined to hold that a national banking association's citizenship is limited to the state in which its main office is located as set forth in its articles of association. 546 U.S. at 315 n.8.

On January 13, 2012, this Court issued a decision in Rouse, supra, in which it found that because Wells Fargo's principal place of business is in California, it is a citizen of the state of California. The Court thereupon remanded the case to state court.

The Court finds no basis for a different result in this case. This action is hereby REMANDED to Los Angeles County Superior Court.

IT IS SO ORDERED.

20120216

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