Carmen Rivera v. Country Wide Home Loans et al

Filing 20

ORDER DISMISSING MATTER FOR LACK OF SUBJECT MATTER JURISDICTION by Judge George H. Wu: Please refer to the Court's order for specifics. Case Terminated. Made JS-6. (cr)

JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-6086-GW (FFMx)

Title

Carmen Rivera v. Countrywide Home Loans, et al.

Present: The Honorable

Date

December 1, 2015

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

None Present

None Present

PROCEEDINGS (IN CHAMBERS):

ORDER DISMISSING MATTER FOR LACK OF
SUBJECT MATTER JURISDICTION

Carmen Rivera (“Plaintiff”) sues Kirk Cartozian (“Cartozian”), Cartozian and Associates Real
Estate, Inc. (“Cartozian and Associates”), Ralph Verdugo a.k.a. Rafael Verdugo (“Verdugo”),
Countrywide Home Loans d.b.a. and a.k.a. Bank of America Home Loans a.k.a. Bank of America
(“Countrywide”), and Select Portfolio Servicing, Inc. (“Select Portfolio”) (collectively, “Defendants”),
asserting two causes of action: (1) fraud, against all Defendants, and (2) intentional interference with
business relationship, against Cartozian, Cartozian and Associates, and Verdugo. See First Am. Compl.
(“FAC”), Docket No. 16. Plaintiff asserts diversity jurisdiction pursuant to 28 U.S.C. § 1332. See id.
¶ 7. As the party asserting jurisdiction, Plaintiff has the burden of establishing that subject matter
jurisdiction exists before this matter proceeds further. Kokkonen v. Guardian Life Ins. Co. of Am., 511
U.S. 375, 377 (1994) (“It is to be presumed that a cause lies outside this limited jurisdiction, and the
burden of establishing the contrary rests upon the party asserting jurisdiction.”) (citations omitted).
On November 12, 2015, the Court issued an order to show cause regarding subject matter
jurisdiction, which indicated that Plaintiff’s jurisdictional allegations were insufficient, that complete
diversity appeared to be lacking, that Plaintiff failed to allege an amount in controversy exceeding the
jurisdictional minimum, and that this action would be dismissed if Plaintiff failed to cure the
jurisdictional deficiencies. See Order to Show Cause, Docket No. 17. Plaintiff was ordered to show
cause in writing no later than November 19, 2015, and Defendants’ responses, if any, were to be filed no
later than November 24, 2015. Id. As of December 1, 2015, Plaintiff has failed to file a response to the
Court’s order to show cause. Accordingly, this matter is hereby dismissed for lack of subject matter
jurisdiction.
The Court further orders the Court Clerk promptly to serve this order on all parties who have
:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
Page 1 of 2

JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-6086-GW (FFMx)

Date

Title

December 1, 2015

Carmen Rivera v. Countrywide Home Loans, et al.

appeared in the action.

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
Page 2 of 2