United States Ninth Circuit

Dismissal of plaintiff's complaint based on failure to establish diversity jurisdiction is reversed and remanded, where: 1) the original complaint should not have been dismissed without leave to amend because the district court did not find that any attempt to amend the complaint would be futile; and 2) when information regarding a defendant that is necessary to establish diversity of citizenship is not reasonably available to a plaintiff, plaintiff should be permitted to plead jurisdictional allegations as to those defendants on information and belief and without affirmatively asserting specific details regarding the citizenship of those defendants.

Appellate Information

• Decided 02/04/2014
• Published 02/04/2014

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel