Hsieh

Hsieh v. Wu

Good Law
United States District Court, Northern District of CaliforniaApril 28, 20205:20-cv-00543California840 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 DANIEL HSIEH and TERESA CHIU, Case No. 20-cv-00543-NC 11 Plaintiffs,

ORDER DISMISSING CASE FOR

12 v.

LACK OF SUBJECT MATTER

13 JOE WU, GLORIA WU, SUNRISE INN JURISDICTION FOOD PLAZA, LP, and UNITED 14 VENTURE REGIONAL CENTER,

LLC,

15 Defendants. 16 In Carden v. Arkoma Assocs., the Supreme Court held that limited partnerships are 17 citizens of every state of which their partners are citizens, regardless of whether those 18 partners are general or limited. 494 U.S. 18 U.S. 195–96 (1990); see also Johnson v. 19 Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (holding that “[a]n 20 unincorporated association . . . has the citizenships of all of its members.”). A result of this 21 holding is that no partners can ever assert diversity jurisdiction in a suit against their 22 partnership. See Whalen v. Carter, 954 F.2d 1087, 1095 (5th Cir. 1992); Buckley v. 23 Control Data Corp., 923 F.3d 96, 97 (8th Cir. 1991); Curley v. Brignoli, Curley, & 24 Roberts Assocs., 915 F.2d 81, 84 (2d Cir. 1990). 25 The…

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