FILED

NOT FOR PUBLICATION

JAN 10 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RHIANNON TORGERSON, an No. 23-55377 individual, D.C. No. Plaintiff-Appellee, 2:23-cv-01906-PA-RAO

v.

MEMORANDUM*

THE ELEVANCE HEALTH

COMPANIES, INC., FKA The Anthem Companies, Inc.,

Defendant-Appellant,

and

MICHAEL IOVINO, an individual; DOES, 1 through 20, inclusive,

Defendants.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Submitted January 10, 2025** San Francisco, California

Before: O’SCANNLAIN, FERNANDEZ, and SILVERMAN, Circuit Judges.

The Elevance Health Companies, Inc. (Elevance) appeals from the district

court’s order remanding this action to the Superior Court of California, County of

Los Angeles (Superior Court) on the ground that it lacked federal subject matter

jurisdiction. See 28 U.S.C. § 1332(a)(1). Upon our de novo review, we vacate the

district court’s order. See Freidenberg v. Lane County, 68 F.4th 1113, 1120 (9th

Cir. 2023).

We have jurisdiction to review the remand order because the district court’s

assertion that it lacked subject matter jurisdiction was not colorable. See Acad. of

Country Music v. Cont’l Cas. Co., 991 F.3d 1059, 1066–68 (9th Cir. 2021); see

also 28 U.S.C. §§ 1291, 1447(c)–(d); Harmston v. City & County of San

Francisco, 627 F.3d 1273, 1278 (9th Cir. 2010). The district court erred as a

matter of law in relying solely upon the allegations of the notice of removal to

determine that federal subject matter jurisdiction was absent. See Acad. of Country

Music, 991 F.3d at 1068–69; see also Dart Cherokee Basin Operating Co., LLC v.

Owens, 574 U.S. 81, 89, 135 S. Ct. 547, 554, 190 L. Ed. 2d 495 (2014);

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2 Nationwide Mut. Ins. Co. v. Liberatore, 408 F.3d 1158, 1161–62 (9th Cir. 2005).

Moreover, the district court erred in refusing to grant Elevance leave to proffer

additional evidence of the plaintiff’s citizenship. See Acad. of Country Music, 991

F.3d at 1068–69; see also Dart Cherokee, 574 U.S. at 84, 88–89, 135 S. Ct. at 551,

554.

We vacate the district court’s order remanding this action to the Superior

Court, and we order the district court to recall its remand and to notify the Superior

Court that the district court has resumed jurisdiction over this action. See Acad. of

Country Music, 991 F.3d at 1070.

VACATED and REMANDED. Costs are hereby awarded to Appellant

Elevance.

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