Adams v. Google LLC

Background

Google LLC removed Lorenzo Adams's case from Santa Clara County Superior Court to the Northern District of California. Google asserted federal jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332(a)(1), which generally requires the parties to be citizens of different states and the amount in controversy to exceed $75,000.

Jurisdiction concerns

The court explained that Google, as the party invoking federal jurisdiction, bears the burden of establishing that jurisdiction exists. For diversity purposes, a limited liability company is treated like a partnership: it is considered a citizen of every state where its owners or members are citizens. The court found that Google had not provided citizenship information for each owner or member, so Google had not established federal subject-matter jurisdiction, meaning the court's legal power to hear the case.

The court also identified a possible removal defect under the federal “local defendant rule.” That rule generally bars removal based on diversity jurisdiction when a properly joined and served defendant is a citizen of the state where the action was filed. The court noted that Google's removal notice stated Google was a California citizen. Because this is a procedural defect, Adams would need to raise it within 30 days after the removal notice if he seeks to have the case returned to state court.

Order

The court ordered Google to file a response by June 20, 2025, explaining why removal was proper and why federal subject-matter jurisdiction is satisfied. The order did not itself remand the case or finally decide whether removal was proper. It stated that Adams must seek remand based on the local defendant rule within 30 days after the notice of removal was filed. Judge Davila issued the order to show cause regarding removal.