William Hancock v. Kulana Partners, LLC

MEMORANDUM

Appellant William Hancock appeals from the district court’s judgment (1) granting Appellee Kulana Partners, LLC’s (Kulana) motion to dismiss, (2) granting Appellee Fidelity National Title and Escrow of Hawaii, Inc.’s (Fidelity) motion for judgment on the pleadings, and (3) denying Hancock’s motion for summary judgment. We dismiss the appeal for lack of jurisdiction.

In the jurisdictional allegation of his complaint, Hancock alleges that Kulana is “a citizen of the State of Hawaii.” As a limited liability company, Kulana is “a citizen of every state of which its [ jmembers are citizens,” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Consequently, Hancock was obligated to allege the citizenship of Kulana’s members, and his failure to do so renders the allegation of diversity defective. New-Gen, LLC v. Safe Cig, LLC, 840 F.3d 606, 612 (9th Cir. 2016). This court therefore cannot exercise jurisdiction on that basis.

Hancock’s alternative jurisdictional allegation, that this case is “related to” a bankruptcy case, is also insufficient. Jurisdiction will lie pursuant to 28 U.S.C. § 1384 (b) where the outcome of the action “could alter the…