CollegeStreet Import & Export (Tianjin) Co. Ltd. v. XL x HF LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 COLLEGESTREET IMPORT & EXPORT Case No. 23-cv-02303-AGT (TIANJIN) CO. LTD., 8 Plaintiff, ORDER REMANDING ACTION TO STATE COURT v. 10 XL X HF LLC, et al., 11 Defendants.

12 On August 10, 2023, the Court ordered defendants to show cause why this breach-of- contract action should not be remanded to Alameda County Superior Court for lack of subject- matter jurisdiction. Dkt. 21. In the order to show cause (OSC), the Court noted that defendants’ notice of removal “fails to allege any facts regarding the membership of the LLC parties or the citizenship of those members—a failure which, on its own, ‘is enough to support remand.’” Id. at 2 (quoting Wagner v. Spire Vision LLC, 2013 WL 941383, at *1 (N.D. Cal. Mar. 8, 2013) (explaining that for purposes of diversity jurisdiction, LLCs “are a citizen of every state where its owners and members are citizens”)). The Court further observed that beyond the defective allegations of citizenship in the notice of removal, “it…