Wood

Wood v. Clement Holdings, LLC

Good Law
United States District Court, Northern District of CaliforniaNovember 4, 20224:22-cv-04785California364 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ANDREA C. WOOD, Case No. 4:22-cv-04785-YGR

Plaintiff, ORDER TO SHOW CAUSE RE: v.

JURISDICTION

THOMAS MALGESINI; MALGESINI Dkt. No. 1 401K PLAN; YOSEMITE CAPITAL LLC; FCI LENDER SERVICES, SGT

INVESTMENTS LLC, CLEMENT

HOLDINGS LLC, and DOES 1 through 50, 12 Defendants.

TO PLAINTIFF ANDREA C. WOOD AND HER COUNSEL OF RECORD:

15 YOU ARE HEREBY ORDERED TO SHOW CAUSE why this Court has subject matter 16 jurisdiction to hear plaintiff’s claims. Plaintiff alleges that this Court has diversity jurisdiction, 17 which requires complete diversity of citizenship between the plaintiff and defendants. 28 U.S.C. § 18 1332. The party asserting that jurisdiction is proper bears the burden of establishing federal 19 jurisdiction. Abrego v. Dow Chem. Co., 443 F.3d 676, 685 (9th Cir. 2006). 20 The complaint fails to allege where the individual parties, plaintiff and Thomas Malgesini, 21 are domiciled. A “natural person’s state citizenship is . . . determined by [his or] her state of 22 domicile,…

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