Jesse Herrera v. Mercedes-Benz USA LLC

Good Law
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. …

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