People of the State of California, acting by and through San Francisco City Attorney David Chiu v. InComm Financial Services, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PEOPLE OF THE STATE OF Case No. 3:23-cv-06456-WHO
CALIFORNIA, ACTING BY AND
THROUGH SAN FRANCISCO CITY
ATTORNEY DAVID CHIU, ORDER GRANTING MOTION TO
REMAND Plaintiff, Re: Dkt. No. 28 v.
INCOMM FINANCIAL SERVICES, INC.,
et al., Defendants. 13 14 The People of the State of California, by and through San Francisco City Attorney David Chiu (“the City”), filed this lawsuit against defendants InComm Financial Services, Inc. (“InComm”), TBBK Card Services, Inc. (“TBBK”), Sutton Bank (“Sutton”) and Pathward N.A. (“Pathward”) in state court. The defendants removed the case to federal court based on diversity jurisdiction, and now the City moves to remand it. Because the State of California is the real party in interest here, and California is not a citizen of any state for the purposes of diversity jurisdiction, there is no federal jurisdiction to hear this suit. For that and the following reasons, the…