Opinion
No. 15-55524
05-12-2015
COBY GOODMAN, Plaintiff - Appellee, v. WELLS FARGO BANK, N.A., Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:14-cv-03171-JFW-RZ MEMORANDUM Appeal from the United States District Court for the Central District of California
John F. Walter, District Judge, Presiding
Submitted May 4, 2015 Pasadena, California Before: FISHER, BEA, and FRIEDLAND, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Wells Fargo Bank, N.A., appeals the order of the district court remanding this case to the Superior Court of California for the County of Los Angeles. We exercise jurisdiction under 28 U.S.C. § 1453(c), vacate the district court's order, and remand for further proceedings.
We review de novo the district court's remand order. See Nevada v. Bank of Am. Corp., 672 F.3d 661, 667 (9th Cir. 2012). And we GRANT appellee Goodman's motion for judicial notice.
--------
When Wells Fargo first attempted to remove this action to federal court under the Class Action Fairness Act (CAFA), the district court remanded the case because, under the unsettled law of this Circuit, it determined that Wells Fargo was a citizen of both California and South Dakota, thus defeating diversity. See 28 U.S.C. § 1332(d). After that order issued, we decided Rouse v. Wachovia Mortg., FSB, in which we held "a national bank is a citizen only of the state in which its main office is located." 747 F.3d 707, 709 (9th Cir. 2014). We thus concluded Wells Fargo is a citizen only of South Dakota. Id. Within 30 days after we issued Rouse, Wells Fargo again removed this action. But the district court again remanded, holding that our decision in Rouse was not an "order or other paper" justifying removal under 28 U.S.C. § 1446(b)(3). That was legal error.
We have held the two 30-day periods set out in § 1446 are not the exclusive periods for removal. See Roth v. CHA Hollywood Med. Ctr., L.P., 720 F.3d 1121, 1124-25 (9th Cir. 2013). Rather, "a defendant may remove a case from state court within thirty days of ascertaining that the action is removable under CAFA . . . ." Jordan v. Nationstar Mortg. LLC, 781 F.3d 1178, 2015 WL 1447217, at *1 (9th Cir. Apr. 1, 2015). And it can ascertain removability from information it discovers itself, see Roth, 720 F.3d at 1125, or based on intervening case law, see Rea v. Michael Stores Inc., 742 F.3d 1234, 1237-38 (9th Cir. 2014) (per curiam).
Here, Wells Fargo ascertained that the case was removable based on our decision in Rouse. Because neither the complaint nor any other paper "affirmatively reveal[ed] on its face the facts necessary for federal court jurisdiction," Harris v. Bankers Life & Cas. Co., 425 F.3d 689, 691 (9th Cir. 2005) (internal quotation marks omitted), neither of the 30-day removal periods under § 1446 was triggered, and Wells Fargo's second CAFA removal was timely. See Rea, 742 F.3d at 1238. Moreover, our decision in Rouse is "a relevant change of circumstances . . . justify[ing] a reconsideration of a successive, good faith petition for removal." Id. (alterations in original) (internal quotation marks omitted) (quoting Kirkbride v. Cont'l Cas. Co., 933 F.2d 729, 732 (9th Cir. 1991)).
Costs of appeal are awarded to Wells Fargo.
VACATED and REMANDED.