Summary
finding Wells Fargo is a citizen of California and remanding for lack of diversity
Summary of this case from Elegino v. Wells Fargo BankOpinion
2:11-cv-3099-GEB-DAD
01-19-2012
Daniel Brew, Karen Constance, Plaintiffs, v. Wells Fargo Bank, N.A., Cal-Western Reconveyance Corp., Defendants.
ORDER
Defendant Wells Fargo Bank, N.A. ("Wells Fargo") removed this case from state court on the basis of diversity removal jurisdiction, which has not been shown to exist since "Wells Fargo is a citizen of California." Uriarte v. Wells Fargo Bank, N.A., No. 11-cv-2082, 2011 WL 5295285, at *9 (S.D. Cal. Nov 3, 2011); see also Guinto v. Wells Fargo Bank, No. 11-cv-372, 2011 WL 4738519 (E.D. Cal. Oct. 5, 2011) (finding lack of diversity because Wells Fargo is a citizen of California).
Therefore, this case is remanded to the Superior Court of the County of Sacramento from which it was removed for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c) (prescribing that the case shall be remanded "when it appears that the district court lacks subject matter jurisdiction . . . ").
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GARLAND E. BURRELL, JR.
United States District Judge