People of the State of California, acting by and through San Francisco City Attorney David Chiu v. InComm Financial Services, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PEOPLE OF THE STATE OF Case No. 3:23-cv-06456-WHO

CALIFORNIA, ACTING BY AND

8 THROUGH SAN FRANCISCO CITY

ATTORNEY DAVID CHIU, ORDER GRANTING MOTION TO

9 REMAND Plaintiff, 10 Re: Dkt. No. 28 v. 11

INCOMM FINANCIAL SERVICES, INC.,

12 et al., Defendants. 13 14 15 The People of the State of California, by and through San Francisco City Attorney David 16 Chiu (“the City”), filed this lawsuit against defendants InComm Financial Services, Inc. 17 (“InComm”), TBBK Card Services, Inc. (“TBBK”), Sutton Bank (“Sutton”) and Pathward N.A. 18 (“Pathward”) in state court. The defendants removed the case to federal court based on diversity 19 jurisdiction, and now the City moves to remand it. Because the State of California is the real party 20 in interest here, and California is not a citizen of any state for the purposes of diversity 21 jurisdiction, there is no federal jurisdiction to hear this suit. For that and the following reasons, 22 the…