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Marquina v. Ferguson Enterprises, Inc.

United States District Court, Ninth Circuit

June 26, 2013

FERGUSON ENTERPRISES, INC., and DOES 1-50, inclusive, Defendants.


OTIS D. WRIGHT, II, District Judge.

On June 12, 2013, Defendant Ferguson Enterprises, Inc. filed a Notice of Removal. But after carefully considering the papers filed with the Notice, the Court determines that Ferguson has failed to satisfy its burden of establishing federal jurisdiction. The Court therefore REMANDS this action to Los Angeles County Superior Court.

Federal courts are courts of limited jurisdiction, having subject-matter jurisdiction only over matters authorized by the Constitution and Congress. U.S. Const. art. III, § 2, cl. 1; e.g., Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A suit filed in state court may be removed to federal court if the federal court would have had original jurisdiction over the suit. 28 U.S.C. § 1441(a). But courts strictly construe § 1441 against a finding of removal jurisdiction, and "[f]ederal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). The party seeking removal bears the burden of establishing federal jurisdiction. Durham v. Lockheed Martin Corp., 445 F.3d 1247, 1252 (9th Cir. 2006) (citing Gaus, 980 F.2d at 566).

Federal courts have original jurisdiction where an action presents a federal question under 28 U.S.C. § 1331, or diversity of citizenship under 28 U.S.C. § 1332. Ferguson does not assert federal-question jurisdiction under 28 U.S.C. § 1331. To exercise diversity jurisdiction under § 1332, a federal court must find complete diversity of citizenship among the adverse parties, and the amount in controversy must exceed $75, 000, usually exclusive of interest and costs. 28 U.S.C. § 1332(a).

For the purposes of complete diversity, a natural person's citizenship is "determined by her state of domicile, not her state of residence." Kantor v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001); see also Jeffcott v. Donovan, 135 F.2d 213, 214 (9th Cir. 1943) ("Diversity of citizenship as a basis for the jurisdiction of a cause in the District Court of the United States is not dependent upon the residence of any of the parties, but upon their citizenship.").

Ferguson's Notice of Removal asserts that diversity exists in this matter because Plaintiff Vanessa Marquina is a citizen of California and Ferguson is a citizen of Virginia. Ferguson's citizenship contentions as to Marquina are premised on Marquina's allegation in her Complaint that she "was, and now is, an individual residing within the County of San Bernardino, State of California." (Notice of Removal ¶ 8 (citing Compl. ¶ 3).) "Plaintiff, therefore, is, " Ferguson concludes, "a citizen of California." ( Id. )

But Ferguson's logic is flawed. Residency allegations alone are inadequate to establish citizenship. While a party's residence may be prima facie evidence of that party's domicile when an action is originally brought in federal court, residency allegations in a complaint alone do not suffice to establish citizenship on removal in light of the strong presumption against removal jurisdiction. See State Farm Mut. Auto. Ins. v. Dyer, 19 F.3d 514, 520 (10th Cir. 1994); see Kantor, 265 F.3d at 857; Gaus, 980 F.2d at 567. And Ferguson cites no other objective facts to establish that Hernandez is a California citizen, such as "voting registration and voting practices, location of personal and real property, location of brokerage and bank accounts, location of spouse and family, membership in unions and other organizations, place of employment or business, driver's license and automobile registration, and payment of taxes." Lew v. Moss, 797 F.2d 747, 750 (9th Cir. 1986). Fergusson therefore fails to establish complete diversity in this matter.

Because Ferguson fails to sufficiently establish diversity jurisdiction on removal, the Court REMANDS this case to the Los Angeles County Superior Court, 111 N. Hill Street, Los Angeles, CA 90012, case number BC507624. See 28 U.S.C. § 1447(c). All remaining hearings on calendar are hereby VACATED. The Clerk of Court shall close this case.


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