Dipak Patel v. Hero, LLC

I. Introduction

Before the Court is a motion to remand the action back to state court. Dkt. 9. For the following reasons, the motion is GRANTED. IL. Factual and Procedural Background Plaintiff Dipak Patel (“Plaintiff”) filed this lawsuit against defendants Hero, LLC, Rahul Arya, Hitesh Patel, and Pravin Patel (collectively, “Defendants”), in Los Angeles Superior Court on February 6, 2024. Dkt. 9-1. Plaintiff alleged five causes of action against Defendants, including fraudulent concealment, breach of fiduciary duty, unjust enrichment, and violations of California’s Business and Professions Code and Corporations Code. Jd. §§ 26-51. Defendants removed the case on April 11, 2024. Dkt. 1. Plaintiff filed this motion to remand on May 3, 2024. Dkt. 9. Plaintiff is a United States citizen residing in India. Dkt. 9-1 at 1. Each Defendant resides in and is a citizen of California. Dkt. 9 at 1. Defendants argue that removal is proper based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a).'

Defendants do not indicate anywhere in their notice of removal or opposition whether they believe Plaintiff is a citizen of a foreign state, such as India, or a citizen of one…