White

White v. Wright

Good Law
284 F. Supp. 3d 998
United States District Court, Northern District of CaliforniaFebruary 2, 2018Case No. 17–cv–03956–KAWCalifornia3,523 words

Opinion

Lead Opinion

Westmore, J.

On July 13, 2017, Plaintiff Elizabeth White (aka Curry) filed this case against *1000 Defendants Angela Wright, Melanie Levorsen, and the Department of Veterans Affairs ("VA"). (Compl., Dkt. No. 1.) Plaintiff alleges that the VA has wrongfully offset her retirement payments in order to pay for a debt that Plaintiff asserts she is not responsible for. (Compl. at 4. 1 )

On November 20, 2017, Defendants moved to dismiss the case because: (1) the Court lacks jurisdiction per the Veterans' Judicial Review Act of 1988 ("VJRA"), (2) Plaintiff's claims are barred by sovereign immunity; and (3) Plaintiff fails to state a claim. (Defs.' Mot. to Dismiss at 2, Dkt. No. 16.) Upon consideration of the parties' filings, as well as the arguments presented at the February 1, 2018 hearing, and for the reasons stated below, the Court GRANTS Defendants' motion to dismiss.

I. BACKGROUND

In her complaint, Plaintiff asserts that since 2014, the VA has been offsetting her retirement payments in order to collect on a "false 'debt.' " (Compl. at 4.) Based on documents attached to Plaintiff's complaint, it appears that Plaintiff was a fiduciary payee for the VA benefits of her brother, Clifford E. Curry,…

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