AIG Property Casualty Company v. Harken
AIG Property Casualty Company v. Harken
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AIG PROPERTY CASUALTY Case No. 3:24-cv-00303-JSC COMPANY, 8 Plaintiff, ORDER TO SHOW CAUSE RE: 9 DIVERSITY JURISDICTION v. 10 Re: Dkt. No. 1 ALEXANDER HARKEN, et al., 11 Defendants.
12 13 AIG Property Casualty Company (“AIG”) filed a complaint in this Court. (Dkt. No. 1.) 14 AIG contends the Court has subject matter jurisdiction “pursuant to
28 U.S.C. § 1332(a)(1) 15 because the amount in controversy exceeds the sum of $75,000 exclusive to interest and costs and 16 this action is between citizens of different states.” (Id. ¶ 7.) A federal court’s diversity 17 jurisdiction extends to “all civil actions where the matter in controversy exceeds . . . $75,000 . . . 18 and is between . . . citizens of different States.”
28 U.S.C. § 1332(a)(1). “This statute . . . 19 require[s] complete diversity of citizenship” meaning “each defendant” must be “a citizen of a 20 different State from each plaintiff.” Owen Equip. & Erection Co. v. Kroger,
437 U.S. 365, 373 21 (1978). 22 In its complaint, AIG asserts four Defendants are citizens of California for diversity 23 purposes (Defendants Alexander Harken, Angela Aquino-Sales, James Sales, and Ajay Martin), 24 and one Defendant, UDR, Inc., is a citizen of both Maryland and Colorado for diversity purposes. 25 (Id. ¶¶ 2-6.) The federal diversity jurisdiction statute provides “a corporation shall be deemed to 26 be a citizen of every State and foreign state by which it has been incorporated and of the State or 27 foreign state where it has its principal place of business.”
28 U.S.C.A. § 1332(c)(a); see also 1 authorized to do and doing business in the State of California.” (Ud. § 1.) However, AIG does not 2 allege its state of incorporation or principal place of business, and therefore does not allege its own 3 citizenship. So, the complaint insufficiently alleges subject-matter jurisdiction because the 4 || complaint does not allege complete diversity between the parties. 5 Accordingly, the Court ORDERS AIG to, on or before February 20, 2024, show on the 6 || record the existence of diversity subject matter jurisdiction. Plaintiff may submit an Amended 7 || Complaint which properly alleges AIG’s citizenship if it chooses. 8 IT IS SO ORDERED. 9 || Dated: February 12, 2024 10 11 ne IACQPELINE SCOTT CORLEY, 12 nited States District Judge
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Reference
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