Stephanio Chukwu Oha v. Arturo Solorzano
2:23-cv-07864
C.D. Cal.Oct 4, 2023Background
- Plaintiff Stephanio Chukwu Oha (pro se) filed a complaint on Sept. 20, 2023 against Arturo Solorzano, Gallagher Bassett Construction, Universal Asphalt Company, and "Federal Insurance Company" alleging a vehicle accident on Sept. 20, 2021 in which a tire from Solorzano’s truck struck and injured Oha.
- Claims are asserted as state-law torts seeking money damages for injuries and property damage.
- Complaint does not identify the citizenship of Oha or any defendant and gives an unclear amount in controversy (lists “$1000,5000”).
- No defendant-filed jurisdictional challenge appears in the record; the Court reviewed jurisdiction sua sponte.
- Plaintiff paid the $402 filing fee; he also submitted an in forma pauperis (IFP) request.
- Court ordered Oha to show cause or file an amended complaint by Oct. 25, 2023 explaining the basis for federal subject-matter jurisdiction; failure to do so will result in dismissal without prejudice. The Court denied the IFP request as moot because the fee was paid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether complaint establishes federal SMJ (federal question or diversity) | Asserts tort claims seeking damages; implies federal court appropriate by filing here | No arguments on record; Court notes complaint fails to allege citizenships or a clear amount in controversy | Court found complaint does not adequately allege SMJ; ordered plaintiff to show cause/amend by Oct 25 or face dismissal without prejudice |
| Whether IFP request should be granted | Oha filed an IFP request | No defendant argument | Denied as moot because Oha paid the $402 filing fee |
Key Cases Cited
- Hansen v. Grp. Health Coop., 902 F.3d 1051 (9th Cir. 2018) (federal courts are courts of limited jurisdiction; pleadings must show grounds for jurisdiction)
- Diaz v. Diaz, 549 F.3d 1223 (9th Cir. 2008) (for diversity jurisdiction, each defendant must be a citizen of a different state than the plaintiff)
