Fortis Advisors LLC v. Fishawack Medical Communications LTD

Good Law
United States District Court, Southern District of CaliforniaJanuary 29, 20213:20-cv-00607California2,913 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 FORTIS ADVISORS LLC, et al., Case No.: 20cv607-LAB-AGS

Plaintiffs,

ORDER:

v. 1) GRANTING MOTION FOR FISHAWACK MEDICAL REMAND [Dkt. 12]; AND COMMUNICATIONS LTD, et al., 14 Defendants. 2) DENYING MOTIONS TO 15

DISMISS [Dkt. 5, 6] California-citizen Plaintiffs Delisa Discar and Fortis Advisors LLC filed a complaint in California state court asserting California state law claims against four defendants. Three—Fishawack Medical Communications Ltd., Fishawack Creative Ltd., and Oliver Dennis—aren’t California citizens, but the fourth, Carling Communications, Inc., is. With Carling in the case, the Court can’t exercise diversity jurisdiction. Nevertheless, Defendants removed the action to this Court under 28 U.S.C. § 1441, contending that the Court should disregard Carling’s citizenship because Plaintiffs fraudulently joined Carling to destroy diversity. The bar to establish fraudulent joinder is a high one: A removing party must show, under settled…

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