Colbert
Eleanor Colbert v. Tesla, Inc., et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELEANOR COLBERT, Case No. 25-cv-09311-JST
Plaintiff,
ORDER TO SHOW CAUSE AS TO
v. WHY CASE SHOULD NOT BE
REMANDED
TESLA, INC., et al.,
Defendants.
12 Defendant Tesla, Inc. removed this case on the basis of diversity jurisdiction, which requires “complete diversity of citizenship; each of the plaintiffs must be a citizen of a different state than each of the defendants.” Morris v. Princess Cruises, Inc., 236 F.3d 1061, 1067 (9th Cir. 2001). Tesla concedes that Plaintiff Eleanor Colbert names three individual Defendants who, like Colbert, are alleged to be “residents and citizens of the State of California.” ECF No. 1 at 8 (quoting ECF No. 1 at 16 (Compl. ¶ 12)). However, it argues that, under 28 U.S.C. § 1441(b)(2), these Defendants’ citizenship can be disregarded because they have not been served. Tesla’s reading of the statute is incorrect. Section 1441(b)(2) provides: “A civil action otherwise removable solely on the basis…