Lin

Lin v. Suavei, Inc.

Good Law
United States District Court, Southern District of CaliforniaMay 8, 20203:20-cv-00862California768 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JADE LIN et al., Case No.: 20cv862-L(AHG)

Plaintiffs,

ORDER DISMISSING COMPLAINT

v. WITH LEAVE TO AMEND TO

ALLEGE SUBJECT MATTER

SUAVEI, INC. et al.,

JURISDICTION

Defendants.

16 In this fraud action Plaintiffs allege federal jurisdiction based on diversity of 17 citizenship under 28 U.S.C. §1332. (Compl. at 4.) Because it appears on the face of the 18 complaint that complete diversity is lacking, the action is dismissed with leave to amend 19 to allege subject matter jurisdiction. 20 Unlike state courts, 21 Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree. It is to be presumed that a cause lies outside this limited 23 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)…

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