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Title: Joseph L. Declue Sr. v. Wells Fargo Bank

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 2, 2012

TITLE: JOSEPH L. DECLUE SR.
v.
WELLS FARGO BANK, N.A., ET AL.

The opinion of the court was delivered by: Josephine Staton Tucker, United States District Judge

CIVIL MINUTES -- GENERAL

Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE

Dwayne Roberts N/A

Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT: Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER REQUIRING DEFENDANT WELLS FARGO BANK, N.A. TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED

Defendant Wells Fargo Bank, N.A. ("Wells Fargo") removed this action from the Orange County Superior Court, case number 30-2012-00606029, on the basis of diversity jurisdiction. (Notice of Removal, Doc. 1.) In its Notice of Removal, Wells Fargo asserts that Plaintiffs are citizens of California and that Wells Fargo is a citizen of South Dakota. (Id. at 2-3.) Specifically, Wells Fargo asserts that under Wachovia Bank v. Schmidt, 546 U.S. 303 (2006), and its progeny, a national banking association is a citizen only of the state in which its main office is located. (Id. at 3.) For the reasons set forth in this Court's Remand Order in David Tran v. Wells Fargo Bank, N.A. et al., No. 5:12-cv-0016-JST (OPx) (C.D. Cal. Jul. 6, 2012), the Court disagrees with Wells Fargo's reading of Schmidt, and concludes that a national bank is also a citizen of the state in which its principal place of business is located. Therefore, Wells Fargo is a citizen of California, and it appears the requirement of complete diversity is not met. Accordingly, Defendant Wells Fargo is ordered to show cause no later than November 16, 2012, why this case should not be remanded for lack of subject-matter jurisdiction.

20121102

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