Quirarte

Quirarte v. FCA US LLC

Good Law
United States District Court, Southern District of CaliforniaJune 29, 20203:20-cv-01034California613 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PAUL QUIRARTE Case No.: 20cv1034-LAB (AGS)

Plaintiff,

ORDER REQURING

v. SUPPLEMENTAL BRIEFING ON

JURISDICTION

FCA US LLC

Defendant. 16 Defendant removed this action from state court, citing diversity jurisdiction. Because the notice of removal did not adequate plead the parties’ citizenship, the Court ordered Defendants to show cause why the case should not be remanded. Defendant has now filed its response, which partially addresses the Court’s order to show cause, but leaves Plaintiff’s citizenship uncertain. The major problem here is that Defendant is an alien, and has failed to address the Court’s concern that Plaintiff may likewise be an alien, even if he is a permanent resident and domiciled in California. See Kanter v. Warner-Lambert, 265 F.3d 853, 857 (9th Cir. 2001) (to be a citizen of a state for diversity purposes, a natural person must first be a U.S. citizen, and also must…

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