Hsu

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHIN-FENG SHAO HSU, Case No. 20-cv-03634-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

FIRST BANK, et al., Re: Dkt. No. 11 Defendants.

First Bank’s motion to dismiss is granted. Federal question jurisdiction over state law claims exists in only a “special and small category” of cases. Gunn v. Minton, 568 U.S. 251, 258 (2013). This is not one of those cases. The dispute does not, for example, involve a substantial question important to the “federal system as a whole,” and Hsu does not even attempt to argue that this is the case. Id. at 260. Instead, she implies that, simply because her California Business and Professional Code claim is based on a violation of a federal regulation, she has federal question jurisdiction under 28 U.S.C. § 1331. This is incorrect. This Court also lacks diversity jurisdiction because the complaint, as currently drafted, clearly puts less than $75,000 in controversy. Pachinger v. MGM Grand Hotel-Las Vegas, Inc., 802 F.2d 362, 364 (9th Cir. 1986). Hsu seeks statutory damages, but she can’t recover them because California Financial…