Bruns

Bruns v. TD Ameritrade, Inc.

Good Law
United States District Court, Southern District of CaliforniaSeptember 13, 20223:22-cv-01369California733 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DEREK BRUNS, DAVID KAUFFMAN Case No.: 22cv1369-L-JLB and CHRISTOPHER JORGENS, 12 individually and on behalf of others ORDER DISMISSING COMPLAINT similarly situated, WITH LEAVE TO AMEND TO

ALLEGE SUBJECT MATTER

Plaintiffs,

JURISDICTION

v. TD AMERITRADE, INC., Defendant.

18 In this action for violations of the California Invasion of Privacy Act, Plaintiffs 19 allege federal jurisdiction based on diversity of citizenship under the Class Action 20 Fairness Act (“CAFA”), 28 U.S.C. §1332(d). (Compl. at 4.) Because the complaint does 21 not sufficiently allege the parties' citizenship, the action is dismissed with leave to amend. 22 Unlike state courts, 23 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 25 jurisdiction, and the burden of establishing the contrary rests…

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