District Court, D. Nevada, 2025

Hurst-Castl v. Sables, LLC

Hurst-Castl v. Sables, LLC
District Court, D. Nevada · Decided June 17, 2025
Hurst-Castl v. Sables, LLC

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA TRACY LEE HURST-CASTL, Case No.: 2:25-cv-00752-APG-NJK 4 Plaintiff Order Denying Motions to Remand v. [ECF Nos. 6, 11] SABLES, LLC, et al., 7 Defendants 8 Tracy Lee Hurst-Castl moves to remand this case to state court for three reasons: (1) Sables, LLC is a Nevada entity and as a forum defendant it cannot remove the case, (2) the amount in controversy does not exceed $75,000, and (3) Sables did not timely file a Statement Regarding Removal. ECF Nos. 6, 11. None of these reasons justifies remand.

12 Sables is a Nevada limited liability company. “[A]n LLC is a citizen of every state of which its owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 14 894, 899 (9th Cir. 2006). Hurst-Castl does not dispute that Sables’ sole member is a California citizen. Rather, she alleges that Sables conducts its business in Nevada. But “the locations at which partnerships conduct business” are irrelevant to subject-matter jurisdiction. Lincoln Prop.

17 Co. v. Roche, 546 U.S. 81, 84 n.1 (2005) (citation omitted). Because Sables is deemed a citizen of California, the forum-defendant rule is not violated. Id. at 84.

19 Hurst-Castl’s lawsuit seeks equitable and declaratory relief to void a foreclosure sale. “In cases seeking injunctive relief from a foreclosure sale, the value of the property at issue is the object of the litigation for the purposes of determining the amount in controversy.” Kehoe v. Aurora Loan Servs. LLC, No. 3:10-cv-00256-RCJ, 2010 WL 4286331, at *4 (D. Nev. Oct. 20, 1/2010). Here, the subject property sold for nearly $1 million, so this court’s $75,000 2|| jurisdictional minimum is satisfied and I can exercise diversity jurisdiction over the case.

3 Finally, Hurst-Castl contends that remand is required because Sables did not timely file its Statement Regarding Removal. ECF No. 11 at 3. But that statement is not jurisdictional, so a late filing does not justify remand.

6 I THEREFORE ORDER that the motions to remand (ECF Nos. 6, 11) are denied.

7 DATED this 17th day of June, 2025.

G=— 7 ANDREW P.GORDON sits 10 CHIEF UNITED STATES DISTRICT JUDGE 1]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.