The opinion of the court was delivered by: 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 TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION
On April 3, 2012, Plaintiff Rosa Sevilla Sandoval filed a complaint against Defendants Deutsche Bank National Trust Company, Regional Service Corporation, and Mortgage Electronic Registration Systems, Inc. She asserts claims for cancellation of instrument, slander of title, declaratory relief, and intentional infliction of emotional distress.
Plaintiff asserts subject matter jurisdiction based on diversity of citizenship, 28 U.S.C. § 1332(a). "Diversity jurisdiction requires complete diversity between the parties-each defendant must be a citizen of a different state from each plaintiff." Diaz v. Davis, 549 F.3d 1223, 1234 (9th Cir. 2008) (citing Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267, 2 L.Ed. 435 (1806)). As alleged, Plaintiff and Defendants Deutsche Bank National Trust Company and Regional Service Corporation are all California citizens. (Compl. ¶¶ 2-4.) Therefore, it appears that complete diversity does not exist between the parties.
Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall file her response by June 19, 2012. The hearing on Defendants' motions to dismiss [Doc. ## 12, 15], currently set for June 8, 2012 at 9:30 a.m., is taken off calendar and shall be reset if necessary.
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