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Zaharoni v. Jesen, CV 19-5842-RSWL-MAA. (2020)

Court: District Court, C.D. California Number: infdco20200121d12 Visitors: 21
Filed: Jan. 17, 2020
Latest Update: Jan. 17, 2020
Summary: ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION RONALD S.W. LEW , Senior District Judge . Currently before the Court is Plaintiff Daniel Zaharoni's ("Plaintiff") Motion for Default Judgment [18] against Defendants Vibea Jessen a/k/a Sunshine Jessen ("Jessen") and Live Services, Inc. ("Live Services") (collectively, "Defendants"). Plaintiff filed his Complaint [1] on July 8, 2019. In his Complaint, Plaintiff did not properly allege his citizenship so as to establish subject matter juris
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ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION

Currently before the Court is Plaintiff Daniel Zaharoni's ("Plaintiff") Motion for Default Judgment [18] against Defendants Vibea Jessen a/k/a Sunshine Jessen ("Jessen") and Live Services, Inc. ("Live Services") (collectively, "Defendants").

Plaintiff filed his Complaint [1] on July 8, 2019. In his Complaint, Plaintiff did not properly allege his citizenship so as to establish subject matter jurisdiction on the basis of diversity. Accordingly, this Court ordered Plaintiff to show cause in writing evidence of Plaintiff's citizenship. See Order to Show Cause ("OSC"), ECF No. 21. Plaintiff responded to the Court's OSC with information sufficient to establish Plaintiff's citizenship.

The Court now turns to Plaintiff's jurisdictional allegations as to Defendants. Plaintiff alleges that Defendant Live Services "is, and at all times herein mentioned was, a Nevada corporation authorized to do and doing business in California." Compl. ¶ 4.

To invoke diversity jurisdiction, Plaintiff must prove complete diversity of citizenship between the parties. 28 U.S.C. § 1332. "[A] corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." 28 U.S.C. § 1332(c)(1) (emphasis added).

As such, Plaintiff is HEREBY ORDERED to show, in writing, on or before January 24, 2020, evidence of Defendant Live Services's citizenship or this Court may, within its discretion, deny Plaintiff's Motion for Default Judgment and/or dismiss the Action for lack of subject matter jurisdiction.

IT IS SO ORDERED.

Source:  Leagle

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