Mohanna

Mohanna v. OCWEN Loan Servicing, LLC

Good Law
United States District Court, Northern District of CaliforniaNovember 17, 20213:21-cv-08043California268 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KEYHAN MOHANNA, Case No. 21-cv-08043-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND AND DENYING MOTION

TO DISMISS AND REQUEST FOR

OCWEN LOAN SERVICING, LLC, et al., JUDICIAL NOTICE AS MOOT Defendants. Re: Dkt. Nos. 10, 11,

The defendants have not carried their burden to show the diversity of citizenship required under 28 U.S.C. § 1332(a)(1). At least one of the defendants—Western Progressive Trustee, LLC—appears to be a limited liability company. The citizenship of such entities does not depend on their place of incorporation and principal place of business but instead on the citizenship of their members. Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). That information was not included in the defendants’ removal documents or opposition brief. Even though the Rosenthal Act claim incorporates provisions of the Federal Fair Debt Collection Practices Act, the defendants have not identified any federal issue—let alone a contested and substantial one—that would give rise to federal question jurisdiction. See Grable & Sons Metal…

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