Bourhis

ORDER GRANTING MOTION TO DISMISS

This is a diversity suit brought by a California resident whose name was used by defendant in an advertising campaign. Both parties move for summary judgment on the issue of liability, which motions the Court finds it unnecessary to reach.

A suit brought in federal court pursuant to the diversity jurisdiction must involve a matter exceeding $10,-000.00 in value, exclusive of interest and costs. 28 U.S.C. § 1332 . A simple plea of damages exceeding the jurisdictional amount does not foreclose further inquiry; if the court or defendant challenges the existence of the jurisdictional minimum, the burden is on plaintiff to show that the facts of his case support the allegations. Arnold v. Troccoli, 2 Cir., 344 F.2d 842 (1965); Jones v. Landry, 5 Cir., 387 F.2d 102 (1967).

Plaintiff cannot show actual damages in any significant amount. His deposition and pleadings reveal no physical injury, no time lost from work, no ridicule or harassment by third parties, and no out of pocket expenses arising from the alleged invasion of his privacy. He alleges only annoyance, anger, and headaches “as a result of this thing”. He cites no California case awarding…