Marcella Csibi, Ludovic Csibi, Aurora Csibi and Maria Csibi v. Gizela Fustos, Etc.

This is an action involving the claims of two women, each of whom claim to be the surviving spouse of Antal Csibi, who died intestate in California in 1975. Plaintiff-appellant Marcella Csibi, who claims to be Antal’s first wife, and her three children brought the instant diversity action to establish their rights in Antal’s estate. The district court, prior to any discovery, ordered appellants to submit an offer of proof establishing their claims. On the basis of material submitted, the district court concluded that the appellants could not prevail and dismissed the action. Marcella and her children appealed. We hold that appellants’ action is within the historic domestic relations exception to diversity jurisdiction, and therefore, that the district court lacked subject-matter jurisdiction over this dispute. The district court’s order of dismissal is vacated, and the action dismissed for lack of jurisdiction.

Marcella Csibi and her three children, citizens of Rumania, filed this diversity action in the United States District Court for the Northern District of California to establish their status as heirs of Antal Csibi. Marcella alleges that she married Antal Csi-bi in Rumania…