Fredericks

MEMORANDUM *

Dale E. Fredericks (“Fredericks”) appeals the district court’s judgment dismissing for lack of diversity jurisdiction his action alleging malicious prosecution in connection with a Nevada state breach of contract action. Defendants Allan R. Carpenter, Ardell Johnson, and various business entities are all citizens of either California or Missouri. Fredericks maintains that he was domiciled in Nevada when he filed suit but the district court determined that he was domiciled in California and consequently the parties were not diverse. Although the district court made several factual and legal errors, we affirm.

“The determination of a party’s domicile is a mixed question of law and fact” that we review under the clearly erroneous standard. Lew v. Moss, 797 F.2d 747, 750 (9th Cir.1986). “[A] finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Anderson v. City of Bessemer City, 470 U.S. 564, 573 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985) (citation omitted).

While the district court in its assessment of the objective…