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Title Martin M. Galindo v. Wells Fargo Bank

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 24, 2012

TITLE MARTIN M. GALINDO
v.
WELLS FARGO BANK, N.A. ET AL.

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

JS-6

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 ACTION TO LOS ANGELES COUNTY SUPERIOR COURT

On October 5, 2012, Defendants Wells Fargo Bank, N.A. and First American Trustee Servicing Solutions, LLC, removed this action from state court on the basis of diversity jurisdiction. [Doc. #1.]

On January 13, 2012, this Court issued a decision in Rouse v. Wachovia Mortgage, FSB, No. CV 11-00928 DMG (DTBx), 2012 WL 174206, 2012 U.S. Dist. LEXIS 6962 (C.D. Cal. Jan. 13, 2012), in which it found that because Wells Fargo's principal place of business is in California, it is also a citizen of the State of California. The Court thereupon remanded the case to state court. Here, Plaintiff's Complaint alleges that Wells Fargo is a citizen of California. [Doc. #1, Ex. A at ¶10.] Given that Plaintiff is also a California citizen (see id. at ¶1) and pursuant to this Court's reasoning in Rouse, it appears that the parties are not diverse. Because the Complaint does not raise any federal claims, this Court lacks jurisdiction over this case.

On October 15, 2012, the Court ordered Wells Fargo to show cause why this action should not be remanded for lack of subject matter jurisdiction. [Doc. #5]. To date, Wells Fargo has not responded to the order. Therefore, this action is hereby REMANDED to the Los Angeles County Superior Court.

IT IS SO ORDERED.

20121024

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