Ochoa v. PV Holding Corp.

Angela Ochoa (plaintiff), a Louisiana citizen, was injured when Paul Gulley, driving a Budget rental car, hit her vehicle, and she sued Gulley along with Budget Rent A Car and PV Holding Corporation (defendants), who removed the case to federal court based on diversity jurisdiction, claiming Gulley was domiciled in Texas. Ochoa moved to remand, arguing Gulley was actually domiciled in Louisiana, which would defeat complete diversity; Gulley testified he had lived in Louisiana his entire life until evacuating to Texas because of Hurricane Katrina, still held a Louisiana driver's license, was only visiting Louisiana at the time of the accident, and now lived and worked in Texas with an intent to stay there indefinitely.