Ara Malakian v. Geico Casualty Insurance Company

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

5/15/2020 Case No. 2:20-cv-02348-SVW-KS Date

Ara Malakian v. Geico Casualty Insurance Company et al Title

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: ORDER DENYING PLAINTIFF’S MOTION TO REMAND [15]

Plaintiff Ara Malakian’s (“Plaintiff”) motion to remand is DENIED. Geico’s Notice of Removal in this action on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332 was defective, because it failed to affirmatively allege Plaintiff’s citizenship. See Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (“Absent unusual circumstances, a party seeking to invoke diversity jurisdiction should be able to allege affirmatively the actual citizenship of the relevant parties.”) While Geico’s Notice of Removal was facially defective, the Court cannot ignore Plaintiff’s Reply brief and supporting declaration, both of which assert that Plaintiff is not…