Franklin Y. Wright v. USAA Federal Savings Bank
2:21-cv-03764
C.D. Cal.Jun 17, 2021Background:
- Pro se plaintiff Franklin Y. Wright filed suit in Ventura County Superior Court (Apr. 1, 2021) asserting claims arising from a modified auto loan: FCRA, FDCPA, RFDCPA, breach of contract, and breach of the implied covenant of good faith and fair dealing.
- Defendant USAA Federal Savings Bank removed to federal court, invoking federal-question jurisdiction over the federal statutes and supplemental jurisdiction over state-law claims.
- USAA moved to dismiss Wright’s second cause (implied covenant) and third cause (FCRA, FDCPA, RFDCPA).
- Wright filed a notice of non-opposition to the motion to dismiss and asked the court to decline supplemental jurisdiction over his remaining state-law claims.
- The court granted the motion to dismiss as to the second and third causes of action, leaving only state-law breach of contract and punitive-damages claims.
- The court concluded diversity jurisdiction was not established (complaint caps relief at $10,000 and pleads only modest statutory/emotional damages), declined to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c), remanded the case to state court, and denied Wright’s remand motion as moot.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to dismiss implied covenant and statutory claims | Wright did not oppose dismissal | USAA argued those claims were legally deficient and sought dismissal | Court granted USAA's MTD; dismissed second and third causes of action |
| Whether federal court should retain jurisdiction over remaining state-law claims | Wright asked the court to decline supplemental jurisdiction and remand | USAA relied on federal-question jurisdiction for the removed action and asserted supplemental jurisdiction over state claims | After dismissing federal claims, court declined to exercise supplemental jurisdiction under §1367(c) and remanded to state court |
| Whether diversity jurisdiction supports removal (amount-in-controversy) | Wright’s complaint limits recovery (caption notes demand ≤ $10,000; damages alleged small) | USAA did not invoke diversity nor prove amount in controversy | Court found amount-in-controversy not established and noted USAA did not rely on diversity jurisdiction |
Key Cases Cited
- None — the Court’s order does not cite any reported cases.
