Organic Soil Science v. Kenneth D. Moss
Opinion
trial_court Opinion
I. Background
In 2019, Defendants Kenneth Moss and TerraGenix, Inc. contracted Plaintiff OSS to find funding for Defendants’ business. First Amended Complaint (“FAC”) (Dkt. 1-8) ¶¶ 1-2, 20-23, 25-28, 36-39. After Defendants terminated this agreement four years later, Plaintiff brought this lawsuit in California state court alleging breach of contract and other violations of California law.
Defendants then removed the case to federal court, arguing that this Court has diversity jurisdiction. Plaintiff OSS is a Colorado Corporation with its principal place of business in California. Id. ¶ 1. Defendant Kenneth D. Moss (“Moss”) is a resident of Virginia, and Defendant TerraGenix, Inc. (“TerraGenix”) (collectively, “Defendants”) is
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-02408-DOC-DFMx Date: March 8, 2024
Page 2
incorporated in Nevada and, on several documents, lists its principal place of business as Orange County, California. Id. ¶¶ 2–3. Plaintiff argues that, because OSS and TerraGenix are both California citizens, there is no federal diversity jurisdiction. The Court disagrees.
II. Legal Standard
“If at any time before final judgment it appears that the…