Reference no: EM133813656

Question

A plaintiff sued a defendant in state court in California for a state law negligence claim, seeking to recover damages in excess of $1 million for severe injuries sustained in a car wreck with the defendant. The plaintiff is a U.S. citizen, who, at the time of the accident, was domiciled in Nevada. Because the plaintiff could not care for himself after the accident, he moved to California to live with his parents and has no plans to leave. A few months after moving in with his parents, the plaintiff filed suit against the defendant. Immediately after being served, the defendant, who was born in and has lived in California his entire life, removed the action to the federal court in California embracing the place where the state court is located. Six months after the removal, the plaintiff moved to remand the case. Should the federal court remand the case to state court? - Yes, because the defendant is a citizen of the state in which the state court action was pending, violating the "in-state defendant" rule - Yes, because the court lacked diversity jurisdiction - No, because plaintiff waived any objection to the fact that the defendant is a citizen of the state in which the state court action was pending, also known as the "in-state defendant" rule. - No, because plaintiff was a citizen of Nevada at the relevant time.