Tuens
Tuens v. U.S. Bank National Association
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRACY TUENS, Case No. 20-cv-03459-JST
Plaintiff,
ORDER TO SHOW CAUSE WHY
v. CASE SHOULD NOT BE REMANDED
U.S. BANK NATIONAL ASSOCIATION, Re: ECF Nos. 7, 8 et al., 11 Defendants.
12 Before the Court are two motions to dismiss the complaint filed by Defendants U.S. Bank National Association and U.S. Bancorp (collectively, “U.S. Bank”), ECF No. 7, and by Defendant Martim L. De Arantes Oliveira, ECF No. 8. Before the Court can reach the merits of these motions, however, it must first satisfy itself that it has subject matter jurisdiction. Defendants claim there is diversity jurisdiction because Defendant Oliveira is improperly joined, given that Plaintiff Tracy Tuens’ complaint does not state a valid cause of action against him. Thus, the Court must consider whether Tuens states a cause of action against Defendant Oliveira and, if she does not, whether there is any possibility she can do so. If she either states a cause of action …