Majlessi v. Public Storage Co. et al

Northern District of California, cand-4:2015-cv-02092

ORDER ON PENDING MOTIONS granting re {{11}} MOTION for Extension of Time to Amend filed by Said Majlessi, denying {{12}} MOTION to Have all Hearings Held in San Francisco Being Disabled and Unable to Travel filed by Said Majlessi. The dismissal of plaintiff's complaint is VACATED. Amended Complaint to be filed by 12/1/2015. Signed by Judge Yvonne Gonzalez Rogers on 11/5/2015.

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 SAID MAJLESSI, Case No.: 15-CV-2092 YGR 7 Plaintiff, ORDER ON PENDING MOTIONS 8 vs. 9 Re: Dkt. Nos. 5, 11, 12 PUBLIC STORAGE CO., et al., 10 Defendants. 11 Northern District of California 12 United States District Court On June 1, 2015, an order was entered granting plaintiff Said Majlessi's motion to proceed 13 in forma pauperis, denying his motion to appoint counsel, and dismissing his complaint with leave 14 to amend. (Dkt. No. 5.) The Court adopts the portions of that order with respect to plaintiff's in 15 forma pauperis status1 and his motion to appoint counsel. The dismissal of plaintiff's complaint is 16 VACATED. See 28 U.S.C. § 636(b)(1)(A). 17 The Court concurs in the conclusion that plaintiff has failed to allege that this Court has 18 subject matter jurisdiction over his claims: 19 There does not appear to [be] any basis for federal question 20 jurisdiction. See 28 U.S.C. § 1331. Nor does there seem to be any basis for diversity jurisdiction, as the amount in controversy likely 21 falls below the $75,000 threshold. See 28 U.S.C. § 1332(a)(1). This alone warrants dismissal of Plaintiff's complaint. See Majestic Ins. 22 Co. v. Allianz Intern. Ins. Co.., 133 F.Supp.2d 1218, 1220 (N.D.Cal. 23 2001) ("Federal courts have limited subject matter jurisdiction. They are restricted as to what cases they may adjudicate and they may 24 exercise jurisdiction only if it is specifically authorized."). 25 (Dkt. No. 5). Federal Courts are courts of limited jurisdiction, unlike state courts. Here, it appears 26 that the claims should be brought in state court, not federal court. Because the Court cannot discern 27 1 28 A separate order directing the Clerk to issue summons shall follow if plaintiff properly amends his complaint to allege subject matter jurisdiction, as discussed below. 1 a basis for subject matter jurisdiction based on plaintiff's current pleading, plaintiff is ORDERED to 2 amend his complaint to allege subject matter jurisdiction. The complaint does not appear to bring 3 claims arising under federal law, nor does it allege diversity of citizenship properly. In particular, 4 plaintiff must address adequately the issue regarding the "amount in controversy." See 28 U.S.C. § 5 1332(a)(1). It is insufficient to merely allege a request for "$100,000" on the cover sheet, as this 6 appears to be a case related to goods lost in a fire and plaintiff has also submitted a declaration 7 under penalty of perjury that he qualifies for in forma pauperis status. It is not clear how the loss of 8 goods exceeds $75,000. Plaintiff must also address the citizenship of the parties so the Court may 9 determine if complete diversity exists. 10 Accordingly, plaintiff's request for an extension of time to amend his complaint (Dkt. No. 11 11) is GRANTED. Plaintiff shall file his amended complaint, which shall state with particularity the 12 basis on which plaintiff is invoking the Court's jurisdiction, no later than December 1, 2015. Northern District of California United States District Court 13 Plaintiff is cautioned that his amended complaint shall not attempt to convert his case into a 14 class action. (See Dkt. No. 11.) Plaintiff is proceeding pro se and cannot represent others without 15 an attorney. 16 Further, plaintiff's motion to have all hearings held in San Francisco is DENIED. No 17 hearings are currently noticed in this matter and such request is therefore premature. 18 In light of his pro se status, plaintiff may wish to seek assistance from the Legal Help 19 Center, a free service of the Volunteer Legal Services Program, by calling 415.782.9000 x8657 or 20 signing up for an appointment on the 15th Floor of the San Francisco Courthouse, Room 2796. At 21 the Legal Help Center, plaintiff may speak with an attorney who may be able to provide basic legal 22 help, but not legal representation. The Court also urges plaintiff to obtain a copy of the Pro Se 23 Handbook, available free of charge from the Court's website (www.cand.uscourts.gov) or in the 24 Clerk's Office. 25 This Order terminates Docket Nos. 11, 12. 26 IT IS SO ORDERED. 27 Date: November 5, 2015 _______________________________________ YVONNE GONZALEZ ROGERS 28 UNITED STATES DISTRICT COURT JUDGE 2