Vargas

*1172 ORDER RE: LACK OF SUBJECT MATTER JURISDICTION

Re: ECF No. 92

Before the Court is the question of whether a national banking association is a citizen only of the state in which it maintains its “main office,” or whether it is also a citizen of the state in which it maintains its principal place of business. Because Plaintiffs are California citizens, and Wells Fargo is incorporated in South Dakota but its principal place of business is in California, the answer to that question will determine whether this action must be remanded to state court.

I. BACKGROUND

Plaintiffs Juan Manual Vargas and Hilda Vargas filed this action in San Mateo County Superior Court on March 19, 2012, against Defendants “Wells Fargo Bank, N.A. aka Wachovia Mortgage, a division of Wells Fargo Bank, N.A. and Wa Wachovia, Mortgage, FSB formerly known as World Savings Bank, FSR, as beneficiary,” and Cal-Western Reconveyance Corp. Wells Fargo removed the action to this Court on April 20, 2012, based on diversity of citizenship pursuant to 28 U.S.C. §§ 1332 and 1441. ECF No. 1. The Notice of Removal argued that Cal-Western Reconveyance Corp., a California corporation, was fraudulently joined, and that…