Robbins
Robbins v. Foothill Nissan
Opinion
Opinion
Turner, J.
I. Introduction
Plaintiffs, Nelson L. Robbins and Sharon E. Robbins, appeal from an order dismissing their complaint against defendants, Foothill Nissan and the Federal Deposit Insurance Corporation (FDIC), as receiver for Far Western Bank (Far Western) and Atlantic Finance Bank (Atlantic), a division of Far Western, for lack of subject matter jurisdiction. In the published portion of this opinion, we determine that federal and state courts have concurrent jurisdiction over suits which are filed prior to the appointment of the FDIC as the receiver against a banking or other savings institution which is subject to a receivership pursuant to 12 United States Code section 1821 .
II. Background
Present State Court Actions and FDIC Administrative Proceedings
The original complaint was filed on March 16, 1990, and named as defendants: Foothill Nissan; Far Western; Atlantic; Rafael Santiago; and A. C. Hipp. Plaintiffs alleged that they were overcharged for a 1987 Nissan Sentra XE that they purchased from Foothill Nissan. The second amended complaint which is at issue in this case was filed on December 7, 1990, and asserted causes of action for conspiracy and fraud, as well…