Carlos Munoz v. Caliber Holdings of California LLC
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiff, a citizen of California, filed this complaint in the Los Angeles Superior Court against Defendant Caliber, a citizen of Texas and Delaware, and Defendant Bryan Smith, a citizen of California, alleging various employment- related claims, including wrongful termination and whistleblower retaliation. (Mot. 5:1-10.) On August 28, 2024, Defendant Caliber removed this matter to this Court based on diversity jurisdiction, alleging that Defendant Smith does not destroy complete diversity because he is a “sham” defendant. (Mot. 5:11-19.)
CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk DT
Plaintiff now moves to remand the action, arguing that Defendant Smith is a citizen of California, and therefore there is not complete diversity. Defendant Caliber opposes, arguing that Defendant Smith is a fraudulently joined sham defendant whose California citizenship must be disregarded for purposes of determining whether complete diversity of citizenship exists.
There is no dispute that the amount in controversy is satisfied. The only issue is whether Defendant Smith was fraudulently joined.