Sroka Family, LLC v. Prudential Securities, Inc.

MEMORANDUM **

Leo Sroka, Marilyn Sroka and Sroka Family, LLC (“the Srokas”) appeal the dismissal of their Motion to Vacate the Arbitration Award. The district court determined that it lacked subject matter ju *767 risdiction to review the arbitration award. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

The parties are familiar with the facts of the case. We need not repeat them here.

We review a dismissal based upon lack of subject matter jurisdiction de novo. Teledyne, Inc. v. Kone Corp., 892 F.2d 1404, 1406 (9th Cir.1989). Federal courts must have an independent basis for federal jurisdiction to hear claims under the Federal Arbitration Act. Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1 , 25 n. 32, 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983); Garrett v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 7 F.3d 882, 883-84 (9th Cir.1993). Subject matter jurisdiction must be supported by facts appearing on the face of a well-pleaded petition to vacate. See Luong v. Circuit City Stores, Inc., 368 F.3d 1109, 1111 (9th Cir.2004). Jurisdictional facts cannot be found in arguments developed later. Phillips Petroleum Co. v. Texaco, Inc., 415 U.S. 125, 127-28 ,…