Liu

Liu v. Shellpoint Mortgage Servicing

Good Law
United States District Court, Northern District of CaliforniaSeptember 27, 20243:23-cv-04887California398 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AMY LIU, Case No. 23-cv-04887-JD

Plaintiff,

SECOND ORDER RE DISMISSAL

v.

SHELLPOINT MORTGAGE SERVICING, et al., 11 Defendants.

12 The second amended complaint, Dkt. No. 44, is dismissed for lack of diversity jurisdiction. Plaintiff Amy Liu alleges an amount in controversy of $159,683.98. Id. at 3. Of that amount, $130,680 is attributed to a refinance apparently taken out by Liu’s sons. See id. at 3, 10; Dkt. No. 44-2 at ECF pp. 58-65; Dkt. No. 52 at 5-8. As the Court stated in the prior dismissal order, Liu cannot claim injury from losses that her sons sustained. Dkt. No. 42 at 1-2. While Liu requests additional damages totaling almost $90,000, and representing three times the amount she says she overpaid on her mortgage, Dkt. No. 44 at 10-11, Liu has not suggested a good faith basis for tripling the alleged overpayments. Because the amount in controversy does not exceed the jurisdictional threshold, Liu has not carried her burden of establishing…

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