Finneman

Finneman v. Lutz-Laidlaw Partnership

Good Law
United States District Court, Southern District of CaliforniaApril 17, 20203:20-cv-00695California859 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID M. FINEMAN et al., Case No.: 20cv695-L(WVG)

Plaintiffs,

ORDER DISMISSING COMPLAINT

LUTZ-LAIDLAW PARTNERSHIP et al., WITH LEAVE TO AMEND Defendants.

In this breach of contract and fraud action, Plaintiffs allege federal jurisdiction based on diversity of citizenship under 28 U.S.C. §1332. (Compl. at 2.) Because the complaint does not sufficiently allege the parties' citizenship, the action is dismissed with leave to amend. Unlike state courts, Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded 23 by judicial decree. It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.

Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). Federal courts are constitutionally…

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