Samanta

MEMORANDUM **

Plaintiff Meera Samanta appeals the district court’s judgment in favor of defendant Barr Laboratories, Inc. (Barr). Samanta argues that the district court erroneously determined that defendant Olina Harwer, M.D. (Dr. Harwer) was fraudulently joined and therefore incorrectly found that removal was appropriate. We agree.

We have jurisdiction under 28 U.S.C. § 1291 , and “review the district court’s legal determination as to the propriety of removal, like all questions of subject-matter jurisdiction, de novo.” Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson, 201 F.3d 1212, 1215 (9th Cir.2000) (citations omitted).

Because Samanta and Dr. Harwer’s California residency prevents complete diversity, the district court’s power to exercise *776 subject matter jurisdiction depends on a finding that Dr. Harwer was fraudulently joined. See Morris v. Princess Cruises, Inc., 236 F.3d 1061, 1067 (9th Cir.2001). Where a defendant proves fraudulent joinder, the presence of a resident defendant will not defeat diversity jurisdiction, and a remand on jurisdictional grounds is not required. Id. “Fraudulent joinder is a term of art. If the plaintiff fails to state a cause of action…