Gomez

Gomez v. Hernandez

Good Law
United States District Court, Southern District of CaliforniaNovember 4, 20193:19-cv-02028California448 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EDITH GOMEZ, et al. Case No.: 19cv2028-LAB (JLB)

Plaintiffs,

ORDER OF DISMISSAL

v. WITHOUT PREJUDICE

LAURIE HERNANDEZ Defendant. 16 After Plaintiffs filed their complaint, the Court issued an order to show cause why this action should not be dismissed for lack of subject matter jurisdiction and for improper venue. The claims stem from a car accident that occurred in Riverside County. Plaintiffs have now amended their complaint. Although they cite the U.S. Constitution, their claims do not arise under it or under any federal law and they have not argued that the Court can exercise federal question jurisdiction over this action. Rather, the Amended Complaint relies on alienage jurisdiction. (Am. Compl. at 1:26–2:3.) Plaintiffs allege that they are Mexican citizens, but have failed to allege Defendant’s citizenship. Although the Court’s order cited Rainero v. Archon Corp., 28 …

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