Goodman v. Wells Fargo Bank, N.A.

MEMORANDUM

Wells Fargo Bank, N.A., appeals the order of the district court remanding this case to the Superior Court of California for the County of Los Angeles. We exercise jurisdiction under 28 U.S.C. § 1453 (c), vacate the district court’s order, and remand for further proceedings.

When Wells Fargo first attempted to remove this action to federal court under the Class Action Fairness Act (CAFA), the district court remanded the case because, under the unsettled law of this Circuit, it determined that Wells Fargo was a citizen of both California and South Dakota, thus defeating diversity. See 28 U.S.C. § 1332 (d). After that order issued, we decided Rouse v. Wachovia Mortg., FSB, in which we held “a national bank is a citizen only of the state in which its main office is located.” 747 F.3d 707, 709 (9th Cir.2014). We thus concluded Wells Fargo is a citizen only of South Dakota. Id. Within 30 days after we issued Rouse, Wells Fargo again removed this action. But the district court again remanded, holding that our decision in Rouse was not an “order or other paper” justifying removal under 28 U.S.C. § 1446 (b)(3). That was legal error.

We have held the two 30-day periods set out…