Kiang
Kiang v. Nationwide Life and Annuity Insurance Company
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 JASON KIANG, Case No. 23-cv-02073-JSC
Plaintiff,
ORDER RE: MOTION TO REMAND
v. 7 Re: Dkt. No. 16 NATIONWIDE LIFE AND ANNUITY INSURANCE COMPANY, et al., 9 Defendants.
10 Plaintiff Jason Kiang sued Nationwide Life and Annuity Insurance Company and Ricardo Lara, Commissioner of the California Department of Insurance, in the Superior Court of California, County of San Francisco. (Dkt. No. 1 at 14.) Plaintiff accused Nationwide of breach of contract, breach of the covenant of good faith and fair dealing, and financial abuse. (Id. at 20- 22.) The action against Lara seeks a writ of mandamus, compelling Lara to review Nationwide’s policies and withdraw or revoke approval for those policies. (Id. at 25.) Nationwide removed the action to this Court, asserting diversity jurisdiction. See 28 U.S.C. § 1332. Specifically, Nationwide contends Plaintiff fraudulently joined Lara—a California resident who has not yet been served—to preclude federal jurisdiction. Plaintiff moved…