Legacy Insurance Solutions LLC v. ABS Healthcare Services, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LEGACY INSURANCE CV 20-4097 DSF (JEMx) SOLUTIONS LLC, et al., Plaintiffs, Order GRANTING Motion to v. Remand (Dkt. No. 10)

ABS HEALTHCARE SERVICES,

LLC, et al., Defendants.

Plaintiffs Legacy Insurance Solutions LLC and Bradley Tierney have moved to remand this case to state court. The case was removed based on diversity jurisdiction, but Plaintiffs claim that a Florida citizen, Adam Beeman, is a member of Legacy. If Legacy is a Florida citizen there is no diversity jurisdiction. The dispute is whether Beeman is actually a member of Legacy. Legacy is a California limited liability company. California law defines a “member” of an LLC as “a person that has become a member of a limited liability company under Section 17704.01 and has not dissociated under Section 17706.02.” Cal. Corp. Code § 17701.02(p). “If a limited liability company is to have more than one member upon formation, those persons become members as agreed by the persons before the formation of the limited liability company.” Cal. Corp. Code § 17704.01(b). After formation of a limited liability company, a person becomes a…