Geraldine Doyle v. Onewest Bank, Fsb

Good Law
764 F.3d 1097·2014 WL 4115947·2014 U.S. App. LEXIS 16253
United States Court of Appeals for the Ninth CircuitAugust 22, 201414-56075California352 words

Opinion

Opinion

Appellee Geraldine Doyle, along with Kuda Mujeyi, filed a class action complaint in the Superior Court of California asserting claims against several defendants, including Appellant OneWest Bank, FSB (“OneWest”). One of the defendants removed the action to the United States District Court for the Central District of California, invoking federal jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332 (d)(2). Before the District Court, all parties stipulated to sever Mujeyi’s claims and transfer them to the District of Arizona. The District Court ordered Doyle to amend her complaint to reflect the severance, and she did so, filing a Second Amended Complaint in that Court. Doyle then moved to remand the action to California state court under one of the exceptions to CAFA jurisdiction, 28 U.S.C. § 1332 (d)(4). The District Court granted Doyle’s motion to remand under 28 U.S.C. § 1332 (d)(3).

In its order granting remand, the District Court determined the citizenship of the plaintiff class by considering the class as pleaded in Doyle’s Second Amended Complaint, which was filed in the District Court after the action had been removed from state court. This…

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