Skyler Wells v. Lakeview Loan Servicing, LLC

• Court: District Court, C.D. California
• Decided: August 3, 2023
• Docket: 2:23-cv-04796
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 23-4796 PA (JPRx) Date August 3, 2023 Title Skyler Wells v. Lakeview Loan Servicing, LLC, et al.

Present: The Honorable PERCY ANDERSON, UNITED STATES DISTRICT JUDGE Kamilla Sali-Suleyman Not Reported Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants

Proceedings: IN CHAMBERS — COURT ORDER This Court has a continuing obligation to assess its subject matter jurisdiction, and may consider the issue sua sponte at any stage of the proceedings. See, e.g., Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1093 (9th Cir. 2004). Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See, e.g., Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377, 1148S. Ct. 1673, 1675, 128 L. Ed. 2d 391 (1994). To establish diversity jurisdiction, there must be complete diversity of citizenship between the parties and the amount in controversy must exceed $75,000. 28 U.S.C. § 1332. To establish citizenship for diversity purposes, a natural person must be a citizen of the United States and be domiciled in a particular state. Kantor v. Wellesley Galleries, Ltd., 704 F.2d 1088, 1090 (9th Cir. 1983). Persons are domiciled in the places they reside with the intent to remain or to which they intend to return. See Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001). “A person residing in a given state is not necessarily domiciled there, and thus is not necessarily a citizen of that state.” Id. A corporation is a citizen of both its state of incorporation and the state in which it has its principal place of business. 28 U.S.C. § 1332(c)(1); see also New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298, 1300-01 (9th Cir. 1989). Finally, the citizenship of a partnership or other unincorporated entity is the citizenship of its members. See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (“[L]ike a partnership, an LLC is a citizen of every state of which its owners/members are citizens.”’). Here, the Court faces conflicting allegations of the parties’ citizenship. Plaintiff Skyler Wells alleges that all parties are citizens of California, while defendants Lakeview Loan Servicing, LLC and Manufacturers and Traders Trust Company allege they are citizens of Florida and New York, respectively. To assist the Court in determining if it possesses subject matter jurisdiction over this action, the Court orders the parties to file, by no later than August

CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 23-4796 PA (JPRx) Date August 3, 2023 Title Skyler Wells v. Lakeview Loan Servicing, LLC, et al. 10, 2023, a declaration under penalty of perjury identifying their state of citizenship, as well as the name and citizenship of their members if applicable. IT IS SO ORDERED.