Delphine Vega v. The American Insurance Company

INTRODUCTION

Plaintiff filed a Complaint in the San Luis Obispo County Superior Court on September 18, 2020, against defendant The American Insurance Company (“defendant”), asserting claims for: (1) breach of contract; and (2) breach of the implied covenant of good faith and fair dealing. (See Dkt. 1, Notice of Removal (“NOR”) at ¶ 1); (Dkt. 1-1, Exh. A, Complaint at ¶¶ 45-61). Defendant then removed the case to this court on November 20, 2020, solely on diversity jurisdiction grounds pursuant to 28 U.S.C. §§ 1332 & 1441(b). (See Dkt. 1, NOR at ¶ 3). Plaintiff now brings the instant Motion, seeking leave to file a First Amended Complaint (“FAC”) to add proposed defendants Fireman’s Fund Insurance Company (“FFIC”) and Allianz Global Risks US Insurance Company (collectively, the “proposed defendants”). (See Dkt. 18-1, Plaintiff’s Memorandum of Points and Authorities [ ] (“Memo”) at 1). According to plaintiff, if her Motion were granted, “[r]emand is mandatory” because FFIC is a California citizen, who would thereby destroy complete diversity. (See id. at 16) (formatting omitted).

LEGAL STANDARD

“If after removal the plaintiff seeks to join additional defendants whose…