Opinion

The Bank of New York Mellon v. Chidester

Court
District Court, C.D. California
Filed
Sep 16, 2024
Cited by
0 cases
Authority
More cited than 31.2%

“Separate and apart from the statute conferring diversity jurisdiction, 28 16 U.S.C. § 1332, § 1441(b) confines removal on the basis of diversity jurisdiction 17 to instances where no defendant is a citizen of the forum state.”

How later courts described this case

  • “Separate and apart from the statute conferring diversity jurisdiction, 28 16 U.S.C. § 1332, § 1441(b) confines removal on the basis of diversity jurisdiction 17 to instances where no defendant is a citizen of the forum state.”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE CENTRAL DISTRICT OF CALIFORNIA

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11 THE BANK OF NEW YORK Case No. 8:24-cv-01559-JWH-JDE

MELLON, f/k/a The Bank of New

12 York as Successor in Interest to

JPMorgan Chase Bank, N.A. as ORDER REGARDING

13 Trustee for Structured Asset PLAINTIFF’S MOTION TO

Mortgage Investments II Trust REMAND [ECF No. 10]

14 2006-AR7 Mortgage Passthrough

Certificates Series 2006-AR7,

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Plaintiff,

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v.

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NITA CHIDESTER,

18 CYNTHIA CHIDESTER,

STATE OF CALIFORNIA

19 FRANCHISE TAX BOARD,

ALL PERSONS UNKNOWN Claiming

20 Any Legal or Equitable Right, Title,

Estate, Lien of Interest in the

21 Property Described in the

Complaint, Adverse to Plaintiffs

22 Title, or Any Cloud Upon Plaintiff,

and

23 DOES 1-50, inclusive,

24 Defendants.

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1 This particular action commenced when Defendants Cynthia and Nita

2 Chidester removed the case to this Court—for the second time—from Orange

3 County Superior Court.1 This Court previously remanded the action in the

4 related case, No. 8:23-cv-02281-JWH-JDE, on account of Cynthia Chidester’s

5 failure to pay the filing fee in a timely manner after the Court denied her request

6 to proceed in forma pauperis. See Bank of New York Mellon v. Chidester, 2024 WL

7 3498862 (C.D. Cal. May 7, 2024). The Court also denied the Chidesters’

8 motion for reconsideration. See Bank of New York Mellon v. Chidester, 2024 WL

9 2498860 (C.D. Cal. June 14, 2024).

10 Presently before the Court is the motion of Plaintiff Bank of New York

11 Mellon (“BONY”) to remand the action for a second time.2 BONY asserts,

12 among other arguments, that removal was improper pursuant to the “forum

13 defendant rule,” since both Cynthia and Nita Chidester are citizens of

14 California.3 See Lively v. Wild Oats Markets, Inc., 456 F.3d 933, 939 (9th Cir.

15 2006) (“Separate and apart from the statute conferring diversity jurisdiction, 28

16 U.S.C. § 1332, § 1441(b) confines removal on the basis of diversity jurisdiction

17 to instances where no defendant is a citizen of the forum state.”). The

18 Chidesters oppose BONY’s motion, but only on the basis that diversity

19 jurisdiction exists; the Chidesters do not dispute that they are citizens of

20 California and that, therefore, pursuant to the “forum defendant rule,” they

21 could not properly remove the action.4 And indeed, the Chidesters’ address,

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25 1 See generally Notice of Removal [ECF No. 1].

26 2 Pl.’s Mot to Remand (the “Motion”) [ECF No. 10].

27 3 See generally id.

1|| listed on the caption page of each of their filings, is in Huntington Beach,

2|| California.

3 For those reasons, pursuant to 28 U.S.C. § 1441(b), this Court concludes

4|| that it lacks jurisdiction over this action and that remand is appropriate and

necessary.

6 Accordingly, the Court hereby ORDERS as follows:

7 1. BONY □□ instant Motion to remand [ECF No. 10] is GRANTED.

8 2. This action is REMANDED to Orange County Superior Court.

9 3. The hearing set for September 20, 2024, is VACATED.

10 IT IS SO ORDERED.

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12|| Dated:_ September 16, 2024 VY Loe pm

13 GNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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