1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 SANA BHUMBLA, Case No. 4:23-cv-01759-YGR

6 Plaintiff, ORDER FOR SUPPLEMENTAL v.

INFORMATION RE PENDING MOTION FOR

7

REMAND

8 PNC BANK, NATIONAL Dkt. No. 15 ASSOCIATION; KIM BEASLEY; and 9 DOES 1 through 50, inclusive,

10 Defendants. 11

12 Before the Court is plaintiff’s request for remand of this action to state court for lack of 13 diversity. (Dkt. No. 15.) Plaintiff argues that there is a lack of diversity because she and defendant 14 Kim Beasley both reside in California. This is inadequate for determining diversity. A “natural 15 person’s state citizenship is . . . determined by [his or] her state of domicile, not [his or] her state 16 of residence. Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001). 17 The Court assumes that plaintiff means to allege that both she and defendant are “citizens” 18 of California. This is a common problem with pleadings but the distinction matters. Further, 19 defendants do argue to the contrary which supports the Court’s assessment.1 20 In the interest of conserving judicial resources, the Court ORDERS plaintiff to file a 21 statement by Monday, July 17, 2023 confirming whether she would be able to amend to allege 22 that both she and Beasley are citizens of California. 23 The hearing set for Tuesday July 18, 2023 is VACATED. An order on plaintiff’s motion 24 will issue on the papers and without a hearing, as permitted by Civil Local Rule 7-1(b) and 25 Federal Rule of Civil Procedure 78. See Lake at Las Vegas Investors Group, Inc. v. Pacific 26

27 1 Given defendants did not raise this issue in their removal motion or opposition to remand, 1 || Malibu Dev. Corp., 933 F.2d 724, 729 (9th Cir. 1991). 2 IT IS SO ORDERED. 3 || Dated: July 14, 2023 4

YVONNE GONZALEZ ROGERS

5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12

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