1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS RUELAS, Case No. 24-cv-02826-PCP

8 Plaintiff, ORDER DISMISSING LAWSUIT FOR 9 v. LACK OF JURISDICTION

10 DEACON CONSTRUCTION HOLDINGS, Re: Dkt. No. 24 LLC, 11 Defendant.

12 13 Plaintiff Thomas Ruelas brings this state law action against defendant Deacon 14 Construction Holdings, LLC. Plaintiff filed this action in federal court with the good-faith belief 15 that complete diversity existed. After filing, however, it became apparent that at least one of the 16 defendant LLC’s members is a California citizen, such that the LLC itself is deemed a citizen of 17 California for purposes of

. See Johnson v. Columbia Properties Anchorage, LP, 18

(9th Cir. 2006). Because complete diversity is not present, this Court lacks 19 jurisdiction under § 1332. See

(a); cf. Caterpillar Inc. v. Lewis,

, 68 20 (1996) (“28 U.S.C. § 1332(a) … applies only to cases in which the citizenship of each plaintiff is 21 diverse from the citizenship of each defendant.”). Plaintiff’s lawsuit is therefore dismissed without 22 prejudice. Upon the refiling of plaintiff’s claims in state court, that court can determine whether 23 plaintiff’s good-faith belief that this Court had jurisdiction over his claims at the time of this 24 lawsuit’s filing provides a basis to equitably toll the statute of limitations on those claims as of the 25 filing of his federal court complaint. See Addison v. California,

(1978). 26 27 1 IT IS SO ORDERED. 2 Dated: October 4, 2024 Zs, 3 L Coy P. Casey PTtts 4 United States District Judge 5 6 7 8 9 10 11 12

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