John H. Martila and Judy Martila v. Garrett Engine Division, a Division of Allied-Signal Aerospace Company, Allied-Signal, Inc.

2 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John H. MARTILA and Judy Martila, Plaintiffs-Appellants, v. GARRETT ENGINE DIVISION, a division of Allied-Signal Aerospace Company, Allied-Signal, Inc., Defendant-Appellee. No. 91-16933. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1993. Decided July 7, 1993. Before REINHARDT, TROTT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The statements submitted to us under oath make it clear that diversity jurisdiction existed in the district court: there is diversity of citizenship between the parties, and more than $50,000 is in controversy. Where the parties fail to properly allege facts supporting the exercise of diversity jurisdiction, but the record indicates that jurisdiction does in fact exist, courts may exercise jurisdiction without requiring an amended pleading. See Odishelidze v. Aetna Life & Cas. Co., 853 F.2d 21, 24 (1st Cir.1988); Hoefferle Truck Sales, Inc. v. Divco-Wayne…