Albino

Albino v. Standard Insurance

Good Law
349 F. Supp. 2d 1334·2004 WL 3048682·2004 U.S. Dist. LEXIS 27034
United States District Court, Central District of CaliforniaDecember 27, 2004CV 04-4196 GPS(SHX)California2,531 words

Opinion

Opinion

Schiavelli, J.

ORDER DENYING PLAINTIFF’S MOTION TO REMAND

Pending before this Court is Plaintiffs Motion to Remand this case to state court for lack of subject matter jurisdiction. Plaintiff filed her motion on August 2. Defendant, Standard Insurance Co., filed its opposition on August 30. Plaintiff filed a reply on September 3. On October 8, the Court asked the parties to brief the additional issue of whether the amount in controversy was met in this diversity action. Defendant filed its brief on October 18. Plaintiff did not file a brief.

For the reasons stated below, the Court DENIES Plaintiffs Motion to Remand this action.

I. BACKGROUND

Plaintiff filed her Complaint in the Superior Court for the State of California, County of Los Angeles, on May 7, 2004, asserting claims for breach of contract and breach of the duty of good faith and fair dealing. Defendant removed this action to this Court on June 14, 2004, alleging that it first received a copy of the Summons and Complaint on May 13, 2004.

Defendant based its removal on diversity jurisdiction, contending that Plaintiff is a resident and citizen of California and that Defendant is an Oregon corporation with its principal place of…

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