Case 5:22-cv-01818-DMG-SP Document 14 Filed 11/21/22 Page 1 of 1 Page ID #:579

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. ED CV 22-1818-DMG (SPx) Date November 21, 2022

Title Miles Preservation, Inc. v. Amtrust North America, Inc. Page 1 of 1

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION

SHOULD NOT BE REMANDED TO RIVERSIDE COUNTY SUPERIOR

COURT

On March 24, 2022, Plaintiff Miles Preservation, Inc. filed this action in Riverside County Superior Court, asserting state law claims against Defendant AmTrust North America, Inc. (“AmTrust”). [Doc. # 1.] On October 10, 2022, AmTrust removed to this Court, invoking this Court’s diversity jurisdiction on the basis that Plaintiff is a citizen of California and AmTrust is a citizen of Delaware and New York. Id.; see also 28 U.S.C. § 1332(a). On November 4, 2022, Plaintiff filed a First Amended Complaint (“FAC”), which does not name AmTrust as a defendant. Instead, Plaintiff asserts its claims against Wesco Insurance Company (“Wesco”). [See Doc. # 13.] In its FAC, Plaintiff alleges that Wesco is a corporation “existing under the laws of the State of Delaware,” but does not allege Wesco’s principal place of business. See

FAC ¶ 2.

For diversity purposes, a corporation is deemed to be a citizen of both the state in which it has been incorporated and the state where it has its principal place of business. Breitman v. May Co. California, 37 F.3d 562, 564 (9th Cir. 1994). Because the FAC does not allege Wesco’s principal place of business, the Court cannot ascertain whether the parties are of diverse citizenship, and thus whether this Court has subject matter jurisdiction. Plaintiff is therefore ORDERED to show cause why this action should not be remanded to Riverside County Superior Court for lack of subject matter jurisdiction. Plaintiff shall file its response no later than December 1, 2022. Wesco shall file its reply, if any, by December 8, 2022 or within 10 days after being served with the summons and FAC, whichever is later.

IT IS SO ORDERED.

CV-90 CIVIL MINUTES—GENERAL Initials of Deputy Clerk KT