Bidart

*747 MEMORANDUM *

Michael Bidart appeals the district court’s denial of his motion to remand his action for defamation against Richard Huber (President and CEO of Aetna, Inc.), Aetna, Inc., and Aetna U.S. Healthcare of California, Inc. (Aetna of California), and dismissal of the action with prejudice pursuant to Fed.R.Civ.P. 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

Bidart contends that the district court misplaced the burden of proof on him to show improper removal, but this is not correct. Statements at oral argument to the contrary notwithstanding, the court’s order properly placed the burden on the removing parties.

Huber and Aetna, Inc. satisfied their burden by showing that Aetna of California was fraudulently joined, because it is obvious under California law that Bi-dart fails to'state a cause of action against it for defamation. McCabe v. Gen. Foods Corp., 811 F.2d 1336, 1339 (9th Cir.1987) (“If the plaintiff fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state, the joinder of the resident defendant is fraudulent.”). The uncontradicted evidence shows…