Evans v. State of California
3:17-cv-00531
S.D. Cal.Aug 21, 2017Background
- Plaintiff Anna Marie Evans sued multiple defendants over an alleged wrongful foreclosure sale of her property.
- Moving Defendants: Old Republic Default Management Services (division of Old Republic National Title Insurance Co.) and Zieve, Brodnax & Steele, LLP moved to dismiss for lack of subject matter jurisdiction and failure to state a claim.
- Evans did not oppose the motion; the court considered the motion on the papers and addressed merits despite no opposition.
- Court analyzed both diversity jurisdiction and federal-question jurisdiction as potential bases for federal jurisdiction.
- Complaint alleged state-law trespass/trespass on the case and foreclosure-related claims but failed to plead defendants’ citizenship or any federal cause of action.
- Court concluded it lacked subject matter jurisdiction and dismissed the complaint without prejudice; remaining pending motions were terminated as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal diversity jurisdiction exists | Evans did not explicitly plead diversity; implicitly California resident | Defendants argued no complete diversity; complaint lacks citizenship allegations for each defendant | No diversity jurisdiction; plaintiff failed to plead required citizenship facts |
| Whether federal-question jurisdiction exists | Complaint alleges common-law trespass/foreclosure; no federal claim asserted | Defendants argued no federal question on face of complaint | No federal-question jurisdiction; claims are state law and do not raise a substantial federal issue |
| Whether dismissal for lack of subject matter jurisdiction is proper | N/A (no opposition) | Moving Defendants sought dismissal under Rule 12(b)(1) | Court granted Rule 12(b)(1) dismissal without reaching Rule 12(b)(6) arguments |
| Remedy on jurisdictional dismissal | N/A | Defendants requested dismissal | Complaint dismissed without prejudice; pending motions terminated as moot |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (establishes federal courts are of limited jurisdiction and plaintiff bears burden to prove jurisdiction)
- Hertz Corp. v. Friend, 559 U.S. 77 (principal place of business/nerve center test for corporate citizenship)
- Grable & Sons Metal Prod., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308 (when a state-law claim can present a substantial, disputed federal issue for jurisdiction)
- Caterpillar Inc. v. Lewis, 519 U.S. 61 (complete diversity requirement and who is a citizen for diversity purposes)
- Rivet v. Regions Bank of La., 522 U.S. 470 (well-pleaded complaint rule; federal defenses do not create federal-question jurisdiction)