Tung Lam v. Jp Morgan Chase Bank

MEMORANDUM

Tung Q. Lam appeals from the district court’s judgment dismissing his claims against his mortgage lender’s successor, JPMorgan Chase Bank, N.A. (“Chase”), and Chase’s foreclosure trustee, MTC Financial Inc., dba Trustee Corps (“Trustee Corps”).

I.

We first must determine whether there is federal subject-matter jurisdiction over this dispute. Lam’s complaint asserted that the district court had diversity jurisdiction, and the district court appears to have accepted that contention without discussion. Yet Lam is a citizen of California, Chase is a citizen of New York, and Trustee Corps is a citizen of California, so diversity appears on the face of the complaint to be lacking. See In re Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir.2008).

Lam. argues on appeal that Trustee Corps is a nominal party whose citizenship does not count for purposes of diversity jurisdiction. Lam’s complaint, however, alleged misconduct on the part of Trustee Corps and sought damages from it. Thus, Trustee Corps is a real party to the controversy, and its citizenship must be counted for purposes of diversity jurisdiction. See Cheyne v. Atchison, T. & S.F. Ry., Co., 125 F.2d…