Pebble Beach Investment Group, LLC v. Square One Starts, LLC

• Court: District Court, N.D. California
• Decided: January 25, 2021
• Docket: 3:21-cv-00522
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 PEBBLE BEACH INVESTMENT GROUP, Case No. 21-cv-00522-VKD LLC, 9 Plaintiff, ORDER TO SHOW CAUSE RE 10 REMOVAL v. 11 Re: Dkt. No. 1 SQUARE ONE STARTS, LLC, 12 Defendant.

13 14 On January 21, 2021, defendant Square One Starts, LLC (“Square One”) removed this 15 matter from the Santa Cruz County Superior Court, asserting diversity jurisdiction under 28 16 U.S.C. § 1332. For purposes of diversity jurisdiction, LLCs are treated like partnerships. Johnson 17 v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Thus, “like a 18 partnership, an LLC is a citizen of every state of which its owners/members are citizens.” Id. The 19 Court has an ongoing obligation to ensure that it has subject matter jurisdiction over an action. 20 Fed. R. Civ. P. 12(h)(3). 21 The notice of removal does not clearly identify the citizenship of all of the 22 owners/members of Square One or of plaintiff Pebble Beach Investment Group, LLC. Thus, the 23 Court cannot determine whether subject-matter jurisdiction exists on the basis of diversity of 24 citizenship. 25 The Court therefore directs defendant to file a response to this order by February 8, 2021, 26 identifying the citizenship of each LLC’s owners/members. Defendant’s response must be

27 1 supported by evidence, via a declaration or otherwise. 2 IT IS SO ORDERED. 3 Dated: January 25, 2021 4

VIRGINIA K. DEMARCH 6 United States Magistrate Judge 7 8 9 10 11 12

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