Albert Gregory Pinto v. Maha Visconti

I.

BACKGROUND

On July 12, 2021, Plaintiff Albert Gregory Pinto filed a complaint in Los Angeles County Superior Court against Defendant Maha Visconti. Notice of Removal (“NOR”), Ex. A [Doc. # 1- 1]. On July 27, 2023, Visconti removed this action to federal court on the basis of diversity jurisdiction. 28 U.S.C. §§ 1332, 1446. On August 25, 2023, Pinto timely filed the present Motion to Remand. [Doc. # 30 (“MTR”)].

II.

IMPROPER REMOVAL

Visconti’s removal of this action was deficient for multiple reasons. First, Visconti is a citizen of California and therefore cannot properly remove this action to federal court. See

1 Visconti did not file an opposition to Pinto’s motion to remand. See Oakley, Inc. v. Nike, Inc., 988 F. Supp. 2d 1130, 1139 (C.D. Cal. 2013) (citing L.R. 7-12) (“[T]he Local Rules permit the Court [to] deem failure to oppose as consent to the granting of the motion.”). While this alone would authorize the Court to remand the case, in the interests of justice, the Court will discuss the merits of the motion to remand. The Court notes that Visconti, through counsel George Murphy, did file multiple documents appearing to be attempts for Murphy to…