UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
December 17, 2012
TITLE ELISA GOMEZ
WELLS FARGO BANK, N.A. ET AL.
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 REMANDING ACTION TO SAN LUIS OBISPO COUNTY SUPERIOR COURT
On November 26, 2012, Defendant Wells Fargo Bank, N.A. 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 ¶ 3.] 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 December 7, 2012, the Court ordered Wells Fargo to show cause why this action should not be remanded for lack of subject matter jurisdiction. [Doc. #9]. To date, Wells Fargo has not responded to the order. Therefore, this action is hereby REMANDED to the San Luis Obispo County Superior Court.
IT IS SO ORDERED.
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