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Stephanio Chukwu Oha v. Arturo Solorzano
2:23-cv-07864
C.D. Cal.
Oct 4, 2023
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Background

  • 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)
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Case Details

Case Name: Stephanio Chukwu Oha v. Arturo Solorzano
Court Name: District Court, C.D. California
Date Published: Oct 4, 2023
Citation: 2:23-cv-07864
Docket Number: 2:23-cv-07864
Court Abbreviation: C.D. Cal.