System Management Group v. NCU Investors, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SYSTEM MANAGEMENT GROUP, and Case No.: 21cv0494-L(BLM)
NATIONAL EDUCATION PARTNERS,
INC, , ORDER DISMISSING COMPLAINT
13 Plaintiffs, 14 v.
NCU INVESTORS, LLC,
16 Defendant.
18 In this action alleging violation of a Securities Purchase Agreement, Plaintiff 19 claims federal jurisdiction based on the minimal diversity requirements under, 28 U.S.C. 20 §1332. The initial complaint was filed on March 19, 2021, and a First Amended 21 Complaint was filed on March 24, 2021. The amended complaint does not contain 22 sufficient allegations to establish minimal diversity of the parties. Accordingly, the 23 amended complaint is dismissed without prejudice and with leave to amend. 24 Unlike state courts, "[f]ederal courts are courts of limited jurisdiction. They 25 possess only that power authorized by Constitution and statute, which is not to be 26 expanded by judicial decree. It is to be presumed that a cause lies outside this limited 27 jurisdiction, and the burden of establishing the contrary rests upon the…