Chan

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KATHY HAI-YING CHAN, Case No. 21-cv-09990-VC

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

ZACK EVAN EXLEY, Re: Dkt. No. 8 Defendant.

Kathy Chan alleges that her husband, Zack Exley, stole $200,000 from her. She brings two claims in tort, one for conversion and another for money had and received. Because Chan and Exley live in different states, Chan contends that this matter falls within federal diversity jurisdiction. Exley argues otherwise. According to him, he and Chan married in November of 2019, gave birth to a son in January of 2020, and agreed to separate five months later. Exley says that in May of 2021, Chan promised to transfer him the contested money so that he could afford to take care of their child while splitting his time between San Francisco and Missouri. Most relevant for today’s purposes, Exley explains that he petitioned for divorce in November 2021, and the divorce matter remains pending in state court. As a result, he argues that this Court lacks jurisdiction to adjudicate this dispute. The general federal diversity statue…