David Ehrman v. Cox Communications, Inc., et al.
Jurisdiction ClassAction JusticiabilityDoctri
Is an allegation of an individual's state citizenship made solely on 'information and belief' sufficient to plead diversity of citizenship?
QUESTION PRESENTED Petitioner filed a complaint in California state court. Without taking discovery, Respondents filed a notice of removal and alleged federal jurisdiction based on diversity of citizenship. Respondents alleged Petitioner’s state citizenship based solely on “information and belief.” Respondents did not allege facts which, taken as true, would establish Petitioner’s state of domicile or United States citizenship. THE QUESTION PRESENTED Is: To plead diversity of citizenship, is an allegation of an individual’s state citizenship made solely on “information and belief” sufficient, or must a party allege facts which, taken as true, would establish an individual’s domicile in a state and United States citizenship? ii LIST OF