John Roe JJ 93 v. Doe 1

I. INTRODUCTION

This action arises out of an alleged sexual assault of a minor by a missionary in the Church of Latter-Day Saints. Before the Court is Plaintiff’s Motion to Remand (“Motion”). [Dkt. No. 13]. Plaintiff contends that removal was improper because complete diversity among all parties is lacking. Defendants respond that Doe 3— the “Corporation of the President of the Long Beach Stake”—is a defunct California holding company that was only added as a sham defendant to defeat diversity.

The Court agrees. Plaintiff cannot plausibly allege any claim against a dissolved holding company (incorporated solely for tax and real estate purposes) whose place of business had no relation to events in question. But even if Doe 3 is considered more generally to be the local chapter of the Church, Plaintiff’s argument fares no better because under that theory Doe 3 is not an independent legal entity capable of being sued. Plaintiff’s Motion is denied.

II. BACKGROUND

Plaintiff alleges that he was sexually assaulted at the age of eight by a missionary in the Church of Latter-Day Saints (the “Church”). Complaint ¶¶ 13, 27 [Dkt. No. 1-1]. The alleged incidents occurred in…