Garcia v. National General Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CARLOS FELIX GARCIA, Case No. 24-cv-04037-VC Plaintiff, ORDER DENYING MOTION TO Vv. REMAND NATIONAL GENERAL INSURANCE Re: Dkt. No. 9 COMPANY, et al., Defendants. The motion to remand is denied. A removing defendant is not required to provide evidentiary proof in their notice of removal. Cf. Dart Cherokee Basin Operating Co., LLC vy. Owens, 574 USS. 81, 87 (2014). And Garcia does not dispute defendants’ showing in their opposition that they are not domiciled in California. As to Garcia’s argument that defendants are California citizens under 28 U.S.C. § 1332 (c)(1), “suits by insureds against their own out-of-state insurers are not ‘direct actions’ such as to defeat diversity jurisdiction pursuant to” that statute. Basel y, Allstate Insurance Co., 757 F. Supp. 39, 40 (N.D. Cal. 1991). Therefore, diversity jurisdiction exists between Garcia and the defendant insurance companies. IT IS SO ORDERED. Dated: September 9, 2024 = VINCE CHHABRIA United States District Judge