Bender

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANNE BENDER et al., Case No.: 23cv485-L-DEB

Plaintiffs,

ORDER DISMISSING COMPLAINT

v. WITH LEAVE TO AMEND TO

ALLEGE SUBJECT MATTER

JOHNATHEN C. YATES et al.,

JURISDICTION

Defendants. 16 In this action alleging fraud, breach of contract, and related claims, Plaintiffs base federal jurisdiction on diversity of citizenship under 28 U.S.C. §1332. Because it is not possible to determine on the face of the complaint that complete diversity is present, the action is dismissed with leave to amend to allege subject matter jurisdiction. 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.

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