Watson

Watson v. Chessman

Good Law
362 F. Supp. 2d 1190·2005 WL 678740·61 Fed. R. Serv. 3d 538·95 A.F.T.R.2d (RIA) 1200·2005 U.S. Dist. LEXIS 2961
United States District Court, Southern District of CaliforniaFebruary 2, 200504CV1229-DMS(WMC)California5,949 words

Opinion

Opinion

Sabraw, J.

ORDER GRANTING MOTION TO DISMISS; DISMISSING ACTION WITH PREJUDICE

The Court now considers the Government’s motion to dismiss the first amended complaint, pursuant to Fed.R.Civ.P. 12(b)(1). The Government argues this Court is without jurisdiction to hear the merits of Plaintiffs allegations, as Plaintiff has failed to allege a proper basis of federal subject matter jurisdiction or indicate an express waiver of the United States’ sovereign immunity. Further, the Government argues the Anti-Injunction Act bars Plaintiffs first and second causes of action, and the Declaratory Judgment Act precludes the relief sought in Plaintiffs third claim. For the reasons discussed below, The Government’s motion is hereby GRANTED, and this case is DISMISSED with prejudice.

I.

BACKGROUND

Plaintiff Roxanne Watson is the trustee of Rainbow’s End Trust (“Trust”). According to Plaintiff, she is the fee simple owner of Lot 240 of Fletcher Hills Highlands Unit No. 6, located in El Cajon, California (“Lot 240”). Plaintiff avers Defendants Chessman, Kyle, and the United States of America have made adverse claims of ownership. According to the Government, Defendant Chessman is Plaintiffs mother, and owes…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.