Zhang

I. BACKGROUND

26 Plaintiff filed the present action against Defendant, its former CEO, in Santa Clara County 27 Superior Court on May 18, 2020. See Compl. ¶ 3, 9. Plaintiff accused Defendant of embezzling the corporation’s capital funds and stealing the corporation’s software and codes, among other allegations. Compl. ¶ 14–19. Plaintiff alleged four separate causes of action for breach of fiduciary duties, unjust enrichment, conversion, and accounting. Compl. ¶ 21–41. Defendant removed the action to federal court on the basis of diversity jurisdiction pursuant to 28 U.S.C. §§ 1332, 1441, and 1446 on May 28, 2020. Not. of Removal 2. Plaintiff now brings a Motion to Remand pursuant to 28 U.S.C. § 1447(c), contending removal was improper because there is not complete diversity between the parties and therefore a lack of federal subject matter jurisdiction. Mot. 2–3. Plaintiff is a corporation and citizen of the State of California. Plaintiff argues that complete diversity is lacking because Defendant, though now on a H-1B visa status, may soon become a legal permanent resident and is domiciled in California. Mot. 2. …