Craft

Craft v. Longs Drug Stores California, L.L.C.

Good Law
United States District Court, Northern District of CaliforniaSeptember 4, 20243:24-cv-04596California434 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CYNTHIA CRAFT, Case No. 24-cv-04596-JSC

Plaintiff,

SUA SPONTE REMAND ORDER

v.

LONGS DRUG STORES CALIFORNIA, L.L.C., et al., 11 Defendants.

13 Defendant Longs removed this action based on diversity jurisdiction, alleging Ms. Craft and Longs are diverse. (Dkt. No. 1 ¶¶ 6-10.) But a civil action may not be removed based on 15 diversity jurisdiction “if any of the parties in interest properly joined and served as defendants is a 16 citizen of the State in which such action is brought.” 28 U.S.C.A. § 1441(b)(2); see Lincoln Prop. 17 Co. v. Roche, 546 U.S. 81, 90 (2005) (“An in-state plaintiff may invoke diversity jurisdiction, but 18 § 1441(b) bars removal on the basis of diversity if any party in interest properly joined and served 19 as a defendant is a citizen of the State in which the action is brought.” (cleaned up)). Longs’s 20 notice of removal failed to allege the citizenship of Defendant Bay Hill, and thus failed to 21 establish the Court has federal subject-matter jurisdiction over this action based…

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