Ruelas
Ruelas v. Deacon Construction Holdings, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THOMAS RUELAS, Case No. 24-cv-02826-PCP
Plaintiff,
ORDER DISMISSING LAWSUIT FOR
v. LACK OF JURISDICTION
DEACON CONSTRUCTION HOLDINGS, Re: Dkt. No.
LLC,
11 Defendant.
12 Plaintiff Thomas Ruelas brings this state law action against defendant Deacon Construction Holdings, LLC. Plaintiff filed this action in federal court with the good-faith belief that complete diversity existed. After filing, however, it became apparent that at least one of the defendant LLC’s members is a California citizen, such that the LLC itself is deemed a citizen of California for purposes of 28 U.S.C. § 1332. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Because complete diversity is not present, this Court lacks jurisdiction under § 1332. See 28 U.S.C. § 1332(a); cf. Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996) (“28 U.S.C. § 1332(a) … applies only to cases in which the citizenship of each plaintiff is diverse…