James Colmenares v. Paedae, Inc.

I.

INTRODUCTION

On June 21, 2021, Plaintiff James Colmenares filed a Complaint in the Los Angeles County Superior Court against Defendant PaeDae, Inc. On June 25, 2021, Defendant removed the action to this Court, asserting diversity jurisdiction under 28 U.S.C. section 1332. Notice of Removal (“NOR”) [Doc. # 1.] Defendant asserted that the parties are diverse because Plaintiff is a citizen of New York and Defendant is a citizen of Delaware, where it is incorporated, and Ohio, where it has its principal place of business. NOR ¶ 4.

On July 20, 2021, Plaintiff filed a motion to remand (“MTR”), arguing that the parties are not diverse because Defendant’s principal place of business is actually in Los Angeles, not Ohio. [Doc. # 13.] Plaintiff based his motion in part on a “Statement of Information” that Defendant filed with the California Secretary of State, dated March 31, 2020, in which it indicated its principal office as being in Los Angeles, and its principal officers being located in that office. See MTR at 23; Kent Decl., Ex. 2 [Doc. # 13 at 74]. Plaintiff also pointed out that Defendant had asserted its principal place of business as being in Los Angeles in a November…