A homeowner from State A hired a contractor from State B to…

A homeowner from State A hired a contractor from State B to build a vacation home for her in State C. The parties signed the contract in State A. The contractor breached the contract, and the homeowner sued the contractor in a court of State A, seeking damages of $100,000. The contractor removed the case to the federal court for State A. The homeowner promptly moved to remand the case to state court, arguing that venue was improper.Which of the following facts is most relevant to the court’s decision on the homeowner’s motion?

A homeowner, domiciled in State A, hired a contractor, domic…

A homeowner, domiciled in State A, hired a contractor, domiciled in State B, to build an addition to his residence. Dissatisfied with the contractor’s work, the homeowner refused to pay the contractor. The contractor promptly commenced a contract action against the homeowner by filing a complaint in the federal court for State B, seeking damages in excess of $75,000. The contractor’s lawyer went the homeowner’s residence in State A and attempted to hand the summons and complaint to a man who was painting the front porch of the residence. The lawyer told the man that he was serving legal papers. When the man refused to accept the papers, the lawyer touched the papers to the man’s arm and placed them on a nearby bench on the porch. The lawyer assumed that the man was the homeowner. In fact, he was the homeowner’s neighbor, whom the homeowner had hired to paint the porch while he was vacationing. What is the homeowner’s best argument that service was improper?