Opinion

Travis Alexander v. Garry D. Whitfield

Court
District Court, C.D. California
Filed
May 20, 2025
Cited by
0 cases
Authority
More cited than 35.6%

finding a district court has discretion in granting or denying jurisdictional discovery

How later courts described this case

  • finding a district court has discretion in granting or denying jurisdictional discovery

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES — GENERAL

Case No. 2:25-cv-01346-MCS-RAO Date May 20, 2025

Title Alexander v. Whitfield

Present: The Honorable Mark C. Scarsi, United States District Judge

Stephen Montes Kerr —_———NotReported

Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s):

None Present None Present

Proceedings: (IN CHAMBERS) ORDER RE: MOTION TO REMAND AND MOTION

TO COMPEL ARBITRATION (ECF Nos. 15, 20) (JS-6)

Defendant Russell N. Bacon removed this action from Los Angeles County

Superior Court on the basis of diversity jurisdiction. (Notice of Removal, ECF No.

1.) Plaintiffs Travis Alexander and Crux Wealth Advisors, LLC, filed a motion to

remand. (Mot., ECF No. 15.) Defendants Garry D. Whitfield and Russell N. Bacon

filed an opposition brief, (Opp’n, ECF No. 18), and Plaintiffs filed a reply, (Reply,

ECF No. 22.) The Court deemed the motion appropriate for decision without oral

argument. (Mins., ECF No. 25.) Having considered the parties’ briefing, the Court

remands the case.

I. LEGAL STANDARD

Federal courts are of limited jurisdiction, having subject-matter jurisdiction

only over matters authorized by the Constitution and Congress. Kokkonen v.

Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). A defendant may remove a civil

action in state court to federal court if the federal court has original jurisdiction. 28

U.S.C. § 1441(a). To invoke diversity jurisdiction, a party must demonstrate there is

complete diversity of citizenship between the parties and that the amount in

controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 28

Page 1 of 3 CIVIL MINUTES — GENERAL Initials of Deputy Clerk SMO

U.S.C. § 1332(a). There is a “strong presumption” against removal jurisdiction, and

the removing party bears the burden of proving that removal is proper. Gaus v. Miles,

Inc., 980 F.2d 564, 566 (9th Cir. 1992). “Federal jurisdiction must be rejected if there

is any doubt as to the right of removal in the first instance.” Id.

II. DISCUSSION

In his Notice of Removal, Mr. Bacon invokes the Court’s diversity

jurisdiction. (Notice of Removal ¶¶ 3–9.) Mr. Bacon argued on information and

belief that “plaintiff Travis Alexander . . . was, at the time the action was

commenced in state court, and still is a resident and citizen of the State of

Washington.” (Id. ¶ 5.) In their motion to remand, Plaintiffs dispute this claim and

aver that “Mr. Alexander is a citizen of California.” (Mot. 6.) Mr. Alexander also

submitted a declaration attesting that he is a citizen of California and maintains a

residence in Long Beach, California. (Alexander Decl. ¶ 2, ECF No. 15.) In

response, Defendants suggest that Mr. Alexander is a Washington resident because

his alleged injury occurred when he resided in Washington; he owns real estate in

Washington; he is registered to vote in Washington; and in another case that predates

this one, Mr. Alexander did not dispute that he was a citizen of Washington. (Opp’n

2–3, 5; see generally Parseghian Decl., ECF No. 19.) Defendants alternatively

request jurisdictional discovery. (Opp’n 7 n.2.)

In removal cases, diversity of citizenship must exist at the time of filing and

removal. Strotek Corp. v. Air Transp. Ass’n of Am., 300 F.3d 1129, 1131 (9th Cir.

2002). A natural person is a citizen of the state in which the person is domiciled.

Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001). Domicile is a

place a person “resides with the intention to remain or to which she intends to

return.” Id. Here, Defendant offers no argument or evidence that Mr. Alexander was

a Washington state citizen on January 29, 2025, when Plaintiffs filed their complaint,

or on February 18, 2025, when Mr. Bacon removed it. Defendants’ proffered

evidence only supports an inference that Mr. Alexander may have been a Washington

citizen in the past but is not persuasive in establishing that Mr. Alexander was still a

Washington citizen at the time the case was initiated or removed.

In contrast, Mr. Alexander submitted a sworn declaration that he is currently

a citizen of California. In the Court’s view, this is sufficient to establish his California

citizenship, and Defendants have not met their burden in showing that Mr. Alexander

is a Washington citizen. See Bernal v. Comerica Bank, No. CV 10-04631 MMM

(FMOx), 2010 U.S. Dist. LEXIS 88688, at *9–10 (C.D. Cal. July 30, 2010) (stating

that a party can establish citizenship by submitting a sworn declaration); see also

Brown v. United Airlines, Inc., No. 19cv537-MMA (JLB), 2019 U.S. Dist. LEXIS

113854, at *6 (S.D. Cal. July 9, 2019) (considering a party’s sworn testimony about

its citizenship as dispositive). The Court also denies Defendants’ request for

jurisdictional discovery because Defendants have not provided the Court with any

guidance as to what additional facts, aside from Plaintiff’s own testimony that he is

a California citizen, are necessary to determine Mr. Alexander’s citizenship.

Boschetto v. Hansing, 539 F.3d 1011, 1020 (9th Cir. 2008) (finding a district court

has discretion in granting or denying jurisdictional discovery). Therefore, because

Mr. Alexander and his wholly owned limited liability company, Crux Wealth

Advisors, are citizens of California, and Mr. Whitfield too is a citizen of California,

(see NOR ¶¶ 6–7 (alleging Mr. Whitfield’s citizenship and Mr. Alexander’s

ownership of Crux)), complete diversity of citizenship does not exist among the

parties, and this Court lacks jurisdiction.

III. CONCLUSION

Plaintiffs’ motion to remand is granted. Finding no other basis upon which to

exercise jurisdiction, the Court determines that subject-matter jurisdiction is lacking.

Therefore, the Court denies Defendants’ motion to compel arbitration, (ECF No. 20),

without prejudice to renewal before a court of competent jurisdiction. Pursuant to 28

U.S.C. § 1447(c), the Court remands the case to the Los Angeles County Superior

Court, No. 25LBCV00222. The Court directs the Clerk to effect the remand

immediately and close the case.

IT IS SO ORDERED.

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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