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A person's citizenship for purposes of diversity is based upon his domicile. A person can have multiple residences, but only one domicile.
Domicile is determined as of the date the complaint is filed. To effect a change in domicile, two elements are required: A person asserting a change in domicile bears the burden of proving it by clear and convincing evidence. As of September , Zuckerberg's domicile was New York. Zuckerberg bears the burden of proving his change in domicile by clear and convincing evidence.
Courts consider the following objective indicators to ascertain domiciliary intent:. No single factor is conclusive and the determination is made based upon the totality of the circumstances. Those objective indicators support Zuckerberg's claim of California domicile.
He currently resides in California and has done so continuously since the summer of He has no other residences. He does not own real property in New York, California or elsewhere. In , he purchased and registered a vehicle in California. He does not own or lease any other vehicles. Zuckerberg has paid California resident income taxes since He lists his California residence on his federal income tax returns.
He has not filed taxes in any state other than California since Since at least , he has been registered to vote in California and has voted in California. He possess a valid California driver's license issued in His bank and brokerage accounts list his California residence and his investment advisors are located in California. Zuckerberg receives his mail at a California post office box and at his Facebook office.
Most significantly, however, he is the owner, founder and CEO of a multi-billion dollar corporation [2] with over 1, employees and a principal place of business within walking distance to his current residence in Palo Alto, California. Together, these facts overwhelmingly show that as of June , Zuckerberg had changed his domicile to California and intends to remain there indefinitely.
Plaintiff cites what he perceives as a "dizzying array of zip codes" used by Zuckerberg to support his claim that Zuckerberg has no fixed roots in California. That Zuckerberg may use different addresses for different purposes provides no support for plaintiff's position where, as here, each zip code begins with a Northern California "94" prefix.
The fact that Zuckerberg was domiciled in New York in September does not preclude a finding of California domicile as of June In , Zuckerberg was a year old college student from New York who had decided to spend the summer of his sophomore year in California. Although he had originally intended to return to Harvard at the end of that summer, events occurred causing him to alter that plan.
At that point, Zuckerberg decided to take a temporary leave of absence from Harvard. Even then, however, he ultimately intended to return to Harvard to obtain his undergraduate degree. Zuckerberg claims that at some point in , he decided not to return to Harvard or to New York. Instead, he decided to remain in California to run Facebook. By , Facebook had grown to over 50 million users.
As of , when this lawsuit was filed, Facebook had over million active users and employed over 1, people. It is simply incomprehensible to believe that Zuckerberg intends to abandon his life, friends and daily management of his multi-billion dollar company to return to New York and live near his parents.
Although the law presumes that a prior domicile will continue until a change has occurred, there is ample evidence of Zuckerberg's change in domicile. The evidence of this change is so overwhelming that this Court finds a hearing on the issue to be unnecessary.
See Marine Midland Bank, N. For the reasons stated, plaintiff's motion to remand is denied.
Ceglia filed an amended complaint PDF in a federal court in Buffalo making his case vs. The most notable part of the complaint is that Ceglia produces a bevy of emails from that look legit. If Ceglia was completely making this complaint up he probably has a movie script in him. Ceglia had this stipulation that Zuckerberg would owe him 1 percent interest a day for each day the Face Book failed to launch. Have you had a chance to inquire about getting a merchandizing license?
We really will need that soon so we can start bringing in some money, everyone buys t shirts and mugs, especially the parents.. Also what about putting in something like a Christian corner? Same thing for local pizza and chinese sic or whatever, that way it could really be a resource that a person could use.
Now that the sites sic live I feel I must take creative control and I just can not risk injuring my sites sic reputation by cheapening it with your idea of selling college junk, nor do I wish to spend my time shipping out coffee mugs to rich alumni. That is money I am entitled to and is rightfully mine. I need to be able to get on the actual site and see where we can place some ads and we need to get some bike couriers to go around promoting the site so we can get some people using it FIRST!
File Size: KB; Print Length: 29 pages; Publication Date: April 11, ; Sold by: Amazon Digital Services LLC; Language: English; ASIN: BW9BXBA. The explosive court filing that may make convicted felon Paul Ceglia a couple of billion dollars. READ the emails that allege Mark Zuckerberg to be a big fat liar!.
The emails go on. It's unclear what the legal outcome will be, but for sheer entertainment, the complaint is worth a read.