Jesse Herrera v. Mercedes-Benz USA LLC
United States District Court, Central District of CaliforniaFebruary 7, 20252:25-cv-00427California288 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 25-0427-GW (Ex) Date February 7, 2025
Title Herrera, et al. v. Mercedes-Benz USA, LLC Page 1 of
Present: The Honorable DOLLY M. GEE, CHIEF UNITED STATES DISTRICT JUDGE
DEREK DAVIS NOT REPORTED
Deputy Clerk Court Reporter
Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present
Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF
SUBJECT MATTER JURISDICTION
Mercedes-Benz USA, LLC (“Defendant”) removed this action to this Court on January 16, 2025, asserting the existence of diversity jurisdiction pursuant to U.S.C. § 1332(a)(1). Defendant’s removal papers allege, however, only the state of incorporation of Plaintiff Rico Brothers, Inc. (“Rico”), not Rico’s principal place of business. [Doc. # 1 at ¶ 5 (“Notice of Removal”).]
Corporations have dual citizenship, based upon the entity’s state(s) of incorporation and principal place of business. …