Martin

Martin v. Wells Fargo Financial Alaska, Inc.

Good Law
199 F. App'x 629
United States Court of Appeals for the Ninth CircuitAugust 28, 2006Nos. 05-35392, 05-35723California463 words

Opinion

Lead Opinion

MEMORANDUM **

In No. 05-35392, James and Margaret Martin appeal pro se from the district court’s summary judgment in favor of Wells Fargo Financial Alaska, Inc. (‘WFF Alaska”) in their action alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and seeking confirmation of an alleged arbitration award against WFF Alaska. In No. 05-35723, the Martins appeal pro se from the district court’s order denying their application to confirm two similar arbitration awards against WFF Alaska’s parent corporation. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

“[E]ven when a petition is brought under the Federal Arbitration Act (FAA), a petitioner seeking to confirm or vacate an arbitration award in federal court must establish an independent basis for federal jurisdiction.” Carter v. Health Net of Cal., Inc., 374 F.3d 830, 833 (9th Cir. 2004). Although the Martins raised questions of federal law under the FDCPA, those claims are derivative of their petition for confirmation, which raises no question of federal law. See id. at 836 (holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the…

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