IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
February 19, 2013
EUGENE PEREZ, ET AL., PLAINTIFFS,
WELLS FARGO BANK, N.A., ET AL.,
The opinion of the court was delivered by: Joseph C. Spero United States Magistrate Judge
ORDER FOR SUPPLEMENTAL DECLARATIONS
Plaintiffs have filed a motion to remand the proceedings to California
state court. A hearing
was held on February 15, 2013. At the hearing, the Court requested
a declaration from counsel for
Defendant First American Trustee Servicing Solutions LLC f/k/a First
American Loanstar Trustee
Services LLC ("Loanstar") to support counsel's statement that Loanstar
is a citizen of Texas. Counsel 18 for Loanstar submitted a declaration
stating that Loanstar is a "Texas Limited Liability Company"
("LLC") and attached a Certificate of Amendment filed with the Texas Secretary of State, dated May 13, 2010, reflecting Loanstar's name change. Declaration of Glenn H. Wechsler Regarding
Citizenship of Loanstar, 1-2, Ex. A. But LLC's are "citizen[s] of every state in which [their] 22 owners/members are citizens." Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th 23 Cir. 2006).
To determine Loanstar's citizenship and assess whether this case falls within the Court's diversity jurisdiction, the parties shall submit supplemental declarations, within ten days, identifying the owners/members of Loanstar and their respective citizenship.*fn1
IT IS SO ORDERED.
United States District Court Northern District of California