Felicia Tuitama v. Nationstar Mortgage, LLC

Ninth Circuit

Felicia Tuitama v. Nationstar Mortgage, LLC

678 F. App'x 538

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 23, 2017

Docket15-55650

StatusUnpublished

Cited by1 cases

This text of 678 F. App'x 538 (Felicia Tuitama v. Nationstar Mortgage, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Felicia Tuitama v. Nationstar Mortgage, LLC, 678 F. App'x 538 (9th Cir. 2017).

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Opinion

MEMORANDUM **

Felicia Tuitama appeals pro se from the district court’s judgment dismissing her diversity action alleging state law claims related to the foreclosure of her property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the denial of a motion to remand. Hamilton Materials, *539 Inc. v. Dow Chemical Corp., 494 F.3d 1203, 1206 (9th Cir. 2007). We affirm.

The district court properly concluded that defendants’ removal of Tuitama’s state law action was timely because it was filed within 30 days after defendant Sage Point Lender Services, LLP became a nominal defendant and thus rendered this action removable. See 28 U.S.C. § 1446(b)(3) (“[I]f the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant ... of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.”); see also Bates v. Mortg. Elec. Registration Sys., Inc., 694 F.3d 1076, 1080 (9th Cir. 2012) (“[C]ourts must disregard nominal or formal parties and rest jurisdiction only upon the citizenship of real parties to the controversy.” (citation and internal quotation marks omitted)).

Contrary to Tuitama’s contention, raised for the first time in her reply brief, complete diversity exists over this action. See 28 U.S.C. § 1332(a)(1); see also In re Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir. 2008) (“Diversity jurisdiction requires complete diversity between the parties—each defendant must be a citizen of a different state from each plaintiff.”). That Tuitama’s husband—who Tuitama now claims is an indispensable party—is, like her, a citizen of Georgia, is irrelevant for purposes of determining whether complete diversity exists.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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MEMORANDUM **

Felicia Tuitama appeals pro se from the district court’s judgment dismissing her diversity action alleging state law claims related to the foreclosure of her property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the denial of a motion to remand. Hamilton Materials, *539 Inc. v. Dow Chemical Corp., 494 F.3d 1203, 1206 (9th Cir. 2007). We affirm.

The district court properly concluded that defendants’ removal of Tuitama’s state law action was timely because it was filed within 30 days after defendant Sage Point Lender Services, LLP became a nominal defendant and thus rendered this action removable. See 28 U.S.C. § 1446(b)(3) (“[I]f the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant ... of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.”); see also Bates v. Mortg. Elec. Registration Sys., Inc., 694 F.3d 1076, 1080 (9th Cir. 2012) (“[C]ourts must disregard nominal or formal parties and rest jurisdiction only upon the citizenship of real parties to the controversy.” (citation and internal quotation marks omitted)).

Contrary to Tuitama’s contention, raised for the first time in her reply brief, complete diversity exists over this action. See 28 U.S.C. § 1332(a)(1); see also In re Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir. 2008) (“Diversity jurisdiction requires complete diversity between the parties—each defendant must be a citizen of a different state from each plaintiff.”). That Tuitama’s husband—who Tuitama now claims is an indispensable party—is, like her, a citizen of Georgia, is irrelevant for purposes of determining whether complete diversity exists.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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678 F. App'x 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felicia-tuitama-v-nationstar-mortgage-llc-ca9-2017.

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