Richard Lopez v. HolidayAL Management Sub LLC aka Holiday Retirement

DISCUSSION

The court’s review of the NOR and the attached Complaint makes clear that this court does

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 21-9645 FMO (AGRx) Date December 27, 2021 Title Richard Lopez v. Holiday AL Management Sub LLC not have subject matter jurisdiction over the instant matter. In other words, plaintiff could not have originally brought this action in federal court, as plaintiff does not competently allege facts supplying diversity jurisdiction. Therefore, removal was improper. See 28 U.S.C. § 1441(a); Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 2429 (1987) (“Only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant.”).

When federal subject matter jurisdiction is predicated on diversity of citizenship, complete

diversity must exist between the opposing parties, and the amount in controversy must exceed $75,000. See 28 U.S.C. § 1332;3 Caterpillar Inc. v. Lewis, 519 U.S. 61, 68, 117 S.Ct. 467, 472 (1996) (stating that the diversity jurisdiction statute “applies only to cases in which the citizenship of each plaintiff…