Ruf

Ruf v. Raging Waters San Jose

Good Law
United States District Court, Northern District of CaliforniaApril 4, 20235:22-cv-07458California416 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BONNIE RUF, Case No. 22-cv-07458 NC Plaintiff,

ORDER TO DEFENDANT TO

v. FESTIVAL FUN PARKS, LLC, dba SHOW CAUSE RE: SUBJECT RAGING WATER SAN JOSE, MATTER JURISDICTION Defendant. 16 This case was removed from Santa Clara County Superior Court by defendant Festival Fun Parks, LLC. ECF 1. The party seeking to invoke federal court jurisdiction (here, the defendant) has the burden of establishing that federal subject matter jurisdiction exists. Scott v. Breeland, 792 F.2d 925, 927 (9th Cir. 1986). The Court must presume a lack of jurisdiction until the party asserting jurisdiction establishes otherwise. Id. As discussed at the CMC, citizenship for an LLC is determined by evaluating the citizenship of each of the members of the LLC. The Court ordered defendant to file supplemental information in support of removal by April 3, 2023. CMC Order, ECF 20. Defendant’s April 3 filing does not satisfy diversity jurisdiction. ECF 22. It…

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