Brandtscheit

This is an action to establish paternity and to provide support for an illegitimate minor child. Plaintiff is a citizen of the Federal Republic of Germany and defendant is a citizen of the United States and of the State of California. It is claimed that the amount in controversy exceeds $10,000 and for purposes of deciding this motion such contention will be conceded. Defendant moves to dismiss on the ground this Court lacks subject matter jurisdiction.

This is a diversity action though plaintiff argues there is also federal jurisdiction by virtue of the Treaty of Friendship between the Federal Republic of Germany and the United States which became effective July 14, 1956. Nothing in the Treaty, however, confers subject matter jurisdiction on the federal courts. At most Paragraph 7 of the Protocol grants the right to German citizens to file suits in forma pauperis in federal courts. This right is not any greater than the right accorded United States citizens. Consequently, the subject matter jurisdiction of this Court must be determined by standards normally applied to diversity actions.

The general rule in diversity cases is that federal courts do not have jurisdiction in…