Opinion

Juanita Chavira v. San Antonio Shoe, Inc.

Court
District Court, C.D. California
Filed
Nov 27, 2023
Cited by
0 cases
Authority
More cited than 16.5%

noting “[a]n individual is a citizen of the 9 state in which he is domiciled” with the intent to remain

How later courts described this case

  • noting “[a]n individual is a citizen of the 9 state in which he is domiciled” with the intent to remain

Written by the judges who cited it.

The opinion

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 FOR THE CENTRAL DISTRICT OF CALIFORNIA

10

Case No. 5:23-cv-01678-SSS-SHKx

11 JUANITA CHAVIRA,

ORDER DENYING PLAINTIFF’S

12 Plaintiff, MOTION TO REMAND [DKT. 9]

13

v.

14

15 SAN ANTONIO SHOE, Inc., et al.

16

Defendant.

17

Before the Court is Plaintiff Juanita Chavira’s Motion to Remand Case to

18

San Bernardino Superior Court (the “Motion”) filed on September 18, 2023.

19

[Dkt. 9]. On October 13, 2023, Defendant San Antonio Shoe, Inc. (“SAS”)

20

filed its opposition to Chavira’s Motion. [Dkt. 11]. On October 20, 2023,

21

Chavira filed her reply to SAS’ opposition. [Dkt. 15]. Since Chavira’s reply,

22

SAS has filed several other filings, all of which relate to Chavira’s pending

23

Motion. [Dkt. 16, 17. 18, 19, 20]. This matter is fully briefed and ripe for

24

review. Having reviewed the relevant pleadings, and the law regarding this

25

issue, the Court DENIES Chavira’s Motion in accordance with the opinion

26

below.

27

1 I. BACKGROUND

2 This case arises out of SAS’ alleged failure to “design, construct,

3 maintain, and operate its website” so as to be fully accessible to blind or

4 visually impaired people like Chavira. [Dkt. 1-1 at 3]. Chavira alleged in her

5 state court complaint that while attempting to navigate SAS’ website, she

6 encountered a series of accessibility barriers which violated California’s Unruh

7 Civil Rights Act and the Federal Americans with Disabilities Act. Id. at 15.

8 Chavira served Defendant with the Complaint on July 19, 2023. [Dkt. 1 at 2].

9 On August 18, 2023, 30 days later, SAS removed the action to this Court.1

10 [Dkt. 1].

11 On September 18, 2023, Chavira filed her Motion to Remand. [Dkt. 9].

12 In it, Chavira also sought sanctions for what she argues was a meritless removal.

13 Id. at 8.

14 II. STATEMENT OF LAW

15 Federal courts are courts of limited jurisdiction. Kokkonen v. Guardian

16 Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Thus, federal courts can only

17 hear cases if “there is a valid basis for federal jurisdiction.” Ayala v. Am.

18 Airlines, Inc., No. 2:23-cv-03571-MEMF-MAR, 2023 WL 6534199, at *1 (C.D.

19 Cal. Oct. 6, 2023) (citing Richardson v. United States, 943 F.2d 1107, 1112 (9th

20 Cir. 1991)).

21 When a plaintiff files their complaint in state court, a defendant may

22 remove the case to federal court if the case could have been brought originally

23 in federal court. 28 U.S.C. § 1441(a). If a plaintiff contests the removability of

24 an action, the burden is on the removing party to show by a preponderance of

25 the evidence that the requirements for removal were met. See Dart Cherokee

26

27

1 Because SAS removed the action within 30 days of being served with the

1 Basin Operating Co., LLC v. Owens, 574 U.S. 81, 82 (2014); Emrich v. Touche

2 Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988). “Under 28 U.S.C. § 1332, a

3 district court has original jurisdiction over a civil action where (1) the amount in

4 controversy exceeds the sum or value of $75,000, exclusive of interest and

5 costs, and (2) the dispute is between ‘citizens of different States.’” Jimenez v.

6 General Motors, LLC, No. 2:23-cv-06991 WLH (JPRx), 2023 WL 6795274, at

7 *2 (C.D. Cal. Oct. 13, 2023).

8 It is well settled that a corporation is a citizen of every state in which it

9 has been incorporated and of the state in which it has its principal place of

10 business. 3123 SMB LLC v. Horn, 880 F.3d 461, 462–63 (9th Cir. 2018); 28

11 U.S.C. § 1332(c)(1). A corporation’s principal place of business is the location

12 from which its “officers direct, control, and coordinate the corporation’s

13 activities.” Hertz Corp. v. Friend, 559 U.S. 77, 92–93 (2010).

14 If there is any doubt as to the right to removal, a court must remand the

15 action to state court. See Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)

16 (stating “[f]ederal jurisdiction must be rejected if there is any doubt as to the

17 right of removal in the first instance”); see also Matheson v. Progressive

18 Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003) (citing Gaus, 980 F.2d

19 at 566)).

20 III. DISCUSSSION

21 Chavira argues remand is proper in this case because there is “no clear

22 complete diversity of citizenship” between the parties. [Dkt. 9 at 4]. In support

23 of this argument, Chavira contends SAS failed to disclose to the Court that (1) it

24 is a registered foreign company in California and (2) that SAS “conducts

25 extensive business, and has a systematic and consistent presence, in the state of

26

27

1 California.” Id. at 6.2 For the reasons stated below, Chavira’s arguments fail.

2 Thus, the Court DENIES Chavira’s Motion.

3 A. SAS Successfully Established Diversity Jurisdiction for

Removal

4

As mentioned above, a corporation is a citizen of every state in which it is

5

incorporated and the state in which it has its principal place of business. Hertz,

6

559 U.S. at 92–93. Here, it is undisputed that Chavira is a citizen of California

7

for diversity purposes. [Dkt. 1-1 at 4]; see also Kanter v. Warner-Lambert Co.,

8

265 F.3d 853, 857 (9th Cir. 2001) (noting “[a]n individual is a citizen of the

9

state in which he is domiciled” with the intent to remain). As such, diversity

10

jurisdiction under 28 U.S.C. § 1332 exists in this case so long as SAS is a

11

citizen of any state or states other than California.

12

Here, SAS has met its burden in establishing that it is a citizen of Texas

13

for purposes of diversity jurisdiction. First, the Court notes Chavira does not

14

dispute SAS’ assertion that it is incorporated in Texas. [Dkt. 10 at 8–9]. The

15

Court finds the records SAS provided, such as SAS’ certificate of incorporation

16

with the Texas Secretary of State, to be more than sufficient to establish that

17

SAS is incorporated in Texas. [Dkt. 12-1, 12-2, 12-3, 12-4]. Thus, the Court

18

finds SAS is clearly a citizen of Texas based on its incorporation.

19

Second, as to SAS’ principal place of business, the Court also finds SAS

20

has met its burden in establishing SAS’ principal place of business is within

21

Texas. SAS provided the Declaration of Kelly Anderson, General Counsel and

22

Secretary of SAS, in support of its arguments.3 In her declaration, Anderson

23

24

25 2 Chavira also argued in her reply SAS failed to meet its burden, as the

removing party, to establish San Antonio, Texas as its principal place of

26

business. [Dkt. 15 at 3–4]. As is discussed below, this argument fails as well.

27 3 Chavira requested the Court strike Anderson’s declaration because allegedly it

was not served on her or her counsel. The Court reviewed the docket and finds

1 explicitly states, among other relevant parts, “SAS’s headquarters is located at

2 1717 SAS Drive, , San Antonio, Texas” and, perhaps most importantly, that

3 “SAS’s high-level officers direct, control, and coordinate the operation’s

4 activities” from offices at 1717 SAS Drive or at other offices nearby also in San

5 Antonio. [Dkt. 12 at 4 & 7].

6 Despite Chavira’s arguments to the contrary, courts in the Ninth Circuit

7 routinely hold such evidentiary offerings sufficient to establish a defendant’s

8 principal place of business. See e.g., McDonald v. Gen. Motors, LLC, 23-cv-

9 01584-CJC (DFMx), 2023 WL 7019171, at *2 (C.D. Cal. Oct. 25, 2023)

10 (finding a defendant sufficiently established its principal place of business was

11 in Michigan by submitting a declaration of its counsel stating as such); Deleon

12 v. Gen. Motors, LLC, No. 23-cv-01590-CJC(DFMx), 2023 WL 7019169, at *2

13 (C.D. Cal. Oct. 25, 2023) (holding the same); Gonzales v. Starwood Hotels, No.

14 16-cv-1068-GW (JEMx), 2016 WL 1611576, at *4 (C.D. Cal. Apr. 21, 2016)

15 (collecting cases). Thus, because Anderson’s declaration establishes SAS’

16 corporate officers make their decisions from San Antonio, Texas, the Court

17 finds SAS established its principal place of business is within Texas.4

18 Because SAS was incorporated in Texas, and its principal place of

19 business is within Texas, SAS is a citizen of Texas only for diversity purposes.

20 As Chavira is a citizen of California, the Court finds there is complete diversity

21

22 Chavira’s counsel should have been served with notice of the declaration via

23 email on that date. [Dkt. 12]. Thus, the Court DECLINES to strike Anderson’s

declaration.

24 4 In support of her Motion, Chavira also provides the Court with two LinkedIn

25 profiles that she claims are profiles of officers of SAS. [Dkt. 15 at 14-18].

Setting aside SAS’ evidentiary objections to these profiles, the Court finds these

26

profiles do not negate Anderson’s declaration because the profiles state the

27 alleged officers work at “SAS Properties” and “SAS Shoes” rather than SAS.

Id. As such, these profiles, even if accepted as true, do not establish that

1 between Chavira and SAS such that diversity jurisdiction exists over this case.5

2 SAS’ removal action was therefore proper under 28 U.S.C. § 1441(a), and

3 Chavira’s Motion is DENIED.

4 B. Chavira’s Arguments Fail

5 For the sake of completeness, the Court will also address Chavira’s

6 arguments that diversity jurisdiction is not established because of SAS’ failure

7 to disclose its foreign corporation status and its business contacts within

8 California.

9 First, the Court emphasizes the citizenship inquiry under 28 U.S.C. §

10 1332 for a corporation depends on two things: (1) where the corporation was

11 incorporated and (2) from where the officers of said corporation direct, control,

12 and coordinate the corporation’s activities. See Hertz, 559 U.S. at 92–93. It is

13 clear to the Court based on the above that Chavira’s arguments regarding SAS’

14 “presence” in California do little to address whether SAS is a citizen of

15 California or Texas. [Dkt. 9 at 6]. It is clear that an allegation of a defendant

16 conducting extensive business in a state does not necessarily mean the

17 Defendant is conducting their business from within the state. The first is a

18 statement regarding general activity while the latter is a far more specific

19 statement regarding leadership and direction of the corporation. Thus, the Court

20 finds Chavira’s allegations regarding SAS’ “extensive business and …

21 systematic and consistent presence” in California do not refute or even address

22 SAS’ assertion and evidence that establish its principal place of business is

23 within Texas.

24

25

26 5 Chavira does not challenge the sufficiency of the amount in controversy.

27 [Dkt. 9 & 15]. As such, the Court finds, based on SAS’ Notice of Removal, that

the amount in controversy requirement for diversity jurisdiction is met. [Dkt. 1

1 Second, the Court finds Chavira’s reliance on Cooper Tire & Rubber

2 Company v. McCall, 312 G.A. 422 (Ga. 2021)6, and Pennsylvania Fire

3 Insurance Company of Philadelphia v. Gold Issue Mining Milling Company,

4 243 U.S. 93, 37 (1917), fundamentally misunderstands and conflates personal

5 jurisdiction with diversity based subject matter jurisdiction. Whereas diversity

6 jurisdiction is a creature of statute with clearly laid out requirements under 28

7 U.S.C. § 1332, personal jurisdiction is a limitation on a court’s power to render

8 a judgment against a defendant arising out of the requirements of the Fourteenth

9 Amendment. See Burnham v. Sup. Ct., 495 U.S. 604, 609–610 (1990); see also

10 Goodyear Dunlop Tires Operation, S.A. v. Brown, 564 U.S. 915, 918 (2011).

11 As Chavira’s Motion itself makes clear, Cooper Tire and Pennsylvania Fire

12 dealt with the “concept of personal jurisdiction” not diversity jurisdiction. [Dkt.

13 9 at 5]. As such, Chavira’s arguments regarding SAS’ contacts are meritless for

14 purposes of the remand analysis as the analysis is dependent on the successful

15 establishment of diversity jurisdiction in this case, not personal jurisdiction.

16 IV. CONCLUSION

17 In accordance with the opinion above, the Court DENIES Chavira’s

18 Motion to Remand. [Dkt. 9]. Because SAS’ removal was not meritless, the

19 Court also DENIES Chavira’s motion for sanction. [Dkt. 9 at 8].

20 The Court notes SAS objected to the evidence Chavira proffered in her

21 reply and, because the evidence is irrelevant to the Court’s determination of the

22 Motion, SAS’ objection is DENIED as moot. [Dkt. 17]. The Court also

23 DENIES SAS’ Request for Leave to File a Sur-Reply because the sur-reply is

24

25

6 The Court also finds it important to emphasize that the United States Supreme

26

Court did not issue an opinion in Cooper Tire. Cooper Tire & Rubber Comp. v.

27 McCall, 143 S. Ct 2689 (2023). Rather, it denied certiorari so any statement by

Chavira regarding this case is actually made in relation to the Georgia Supreme

1] not necessary. [Dkt. 18]. As the Motion is resolved, the Court hereby

□□ STRIKES SAS’ Sur-Reply, SAS’ Supplemental Declaration of Kelly

3 | Anderson, and SAS’ Request for Judicial Notice. [Dkt. 19, 20, 21].

5 IT IS SO ORDERED.

7\| DATED: November 27, 2023

SUNSHINE S: SYKES

United States District Judge

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.