Marquez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 23cv0046 DMS(AGS)

FRANCISCO MARQUEZ,

Plaintiff, ORDER REMANDING CASE v. PROGRESSIVE DIRECT INSURANCE

CO.; CARRIE ROCKWELL; J.

MICHAEL HUNTER; HUNTER

CONSULTING & SURVEY SERVICES, INC.; and DOES 1 to 50, 16 Defendants.

18 On January 12, 2023, this Court issued an Order to Show Cause (“OSC”) asking Defendant to explain its allegation that this Court has diversity jurisdiction over this case. Defendant filed a response to the OSC, and Plaintiff filed a reply. As mentioned in the Court’s OSC, there is no dispute there is incomplete diversity between Plaintiff and Defendant Carrie Rockwell. However, Defendant argues the Court should disregard Ms. Rockwell’s citizenship under the rule of fraudulent joinder. “There are two ways to establish fraudulent joinder: ‘(1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against 27…