Bonnette v. Ford

Filing 5

Findings and Recommendations recommending that the court dismiss the re 1 complaint for lack of jurisdiction, signed by Magistrate Judge Sandra M. Snyder on 4/6/2015. Matter referred to Judge O'Neill. Objections to F&R due by 4/24/2015. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP BONNETTE,

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Plaintiff,

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v.

Case No. 1:15-cv-00501-LJO-SMS
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT THE COURT
DISMISS THE COMPLAINT
FOR LACK OF JURISDICTION

JEAN L. FORD,

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Defendant.

(Doc. 1)

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On April 1, 2015, Plaintiff Phillip Bonnette, proceeding pro se and in forma pauperis, filed a

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complaint against Defendant Jean L. Ford, his former wife, raising claims of (1) of fraud in the

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inducement; (2) of fraud in the concealment; (3) of intentional infliction of emotional distress; and

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(3) to quiet title to real property. These claims arise from Defendant's authorizing a deed of trust on

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Plaintiff's solely owned property, allegedly in an attempt to secure its ownership. Plaintiff seeks

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compensatory, special, general, and punitive damages, declaratory relief, and rescission. Because

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this Court lacks subject matter jurisdiction over Plaintiff's dispute, the undersigned recommends that
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the Court dismiss this case.
I.

Screening Requirement
The court has inherent power to control its docket and the disposition of its cases with

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economy of time and effort for both the court and the parties. Landis v. North American Co., 299

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U.S. 248, 254-55 (1936); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). In cases in which
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the plaintiff is proceeding in forma pauperis, the Court must screen the complaint and dismiss it at

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any time that the Court concludes that the action is frivolous or malicious, fails to state a claim on

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which relief may be granted, or seeks monetary relief from a defendant who is immune from such

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relief. 28 U.S.C. § 1915(e)(2). "Notwithstanding any filing fee, or portion thereof, that may have

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been paid, the court shall dismiss the case at any time if the court determines that . . . the action or

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appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).

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II.

Procedural and Factual Allegations
Plaintiff complains that Defendant concealed a loan secured by Plaintiff's solely owned real

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property in Dunlap, California, as part of a fraudulent scheme to steal the property. As a result of

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Defendant's fraudulent actions, Plaintiff seeks to quiet title to his property. Plaintiff also contends

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that Defendant secured a fraudulent restraining order against him.

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III.

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No Diversity Jurisdiction
A district court may exercise diversity jurisdiction over a civil action in which the amount in

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controversy exceeds $75,000.00, exclusive of interest and costs, and is, among other things, between
citizens of different states. 28 U.S.C. § 1332(a). Since Plaintiff and Defendant are both California

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residents, the Court does not have jurisdiction over this case based on diversity.

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V.

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No Federal Question Jurisdiction
Federal question jurisdiction exists when the plaintiff's claim arises under the U.S.

Constitution, treaties, federal statutes, administrative regulations of common law. 28 U.S.C. § 1331.

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Claims of fraud, torts such as intentional infliction of emotional distress, and actions to quiet title to
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real property are matters of California state law. Plaintiff alleges that this Court has jurisdiction over

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his claims based on Defendant's violations of the United States Constitution, 42 U.S.C. § 1983, and

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28 U.S.C. § 2201.

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To state a claim under § 1983, a plaintiff must allege that (1) a defendant acting under color
of state law (2) deprived him of rights secured by the Constitution or federal statutes. Gibson v.
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United States, 781 F.2d 1334, 1338 (9th Cir. 1986). A defendant acts under color of state law when

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he or she has "exercised power 'possessed by virtue of state law and made possible only because the

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wrongdoer is clothed with the authority of state law.'" West v. Atkins, 487 U.S. 42, 49 (1988).

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Generally, private parties, such as the Defendant in this case, are not acting under color of state law.

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See Price v. Hawaii, 939 F.2d 702, 707-08 (9th Cir. 1991). In the absence of allegations of joint

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action or conspiracy, that Defendant sought relief in the Monterey County Superior Court (where the

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parties' divorce action was venued), utilized the services of a notary public, or filed documents in the
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Office of the Fresno County Recorder's Office does not make her a state actor.
Nor does the right of federal courts to grant declaratory judgments under 28 U.S.C. § 2201

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confer jurisdiction on matters not otherwise subject to federal jurisdiction. This Court has no

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jurisdiction over the state claims that are the subject of this action. Although 28 U.S.C. ' 1367(a)

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provides for supplemental jurisdiction in any civil action in which the district court has original
jurisdiction, the district court must first have such jurisdiction. Since the Court lacks either diversity

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or federal question jurisdiction, it lacks jurisdiction over the state claims alleged in this action.
VI.

No Jurisdiction For Appeal of State Judgment
In a separate document (Doc. 3), Plaintiff submitted state court documents relating to the

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disposition of the property in his and Defendant's divorce action. Inclusion of these documents

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suggests that Plaintiff may intend this action to function as an appeal of the state court's orders.

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An appeal of the state court's judgment in the divorce case must be brought in the California

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Court of Appeals, and thereafter, in the California Supreme Court. Ultimately, federal appellate
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jurisdiction of state court judgments rests in the United States Supreme Court, not in the federal

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district court. 28 U.S.C. § 1257. A federal district court lacks subject matter jurisdiction to hear an

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appeal of a state court judgment (the Rooker-Feldman Doctrine). See District of Columbia Court of

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Appeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923). See

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also Bianchi v. Rylaarsdam, 334 F.3d 895, 896 (9th Cir. 2003). A federal complaint must be
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dismissed for lack of subject matter jurisdiction if the claims raised in the complaint are inextricably

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intertwined with the state court's decisions so that adjudication of the federal claims would undercut

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the state ruling or require the district court to interpret the application of state laws or procedural

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rules. Bianchi, 334 F.3d at 898. Put another way, a claim is inextricably intertwined with a state

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court judgment if the federal claim succeeds only to the extent that the state court wrongly decided

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the issues before it or if the relief requested in the federal action would effectively reverse the state

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court's decision or void its ruling. Fontana Empire Center, LLC v. City of Fontana, 307 F.3d 987,
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992 (9th Cir. 2002). The Rooker-Feldman Doctrine applies to federal "cases brought by state-court

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losers complaining of injuries caused by state-court judgments rendered before the district court

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proceedings and inviting district court review and rejection of those judgments." Exxon Mobil Corp.

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v. Saudi Basic Industries Corp., 544 U.S. 280, 284 (2005).

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To the extent that the California Superior Court previously addressed ownership of the
property that is the subject in this action, as the submitted state court documents indicate, this Court

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lacks jurisdiction to conduct such a review. Accordingly, if Plaintiff intended to allege cognizable
federal claims relating to the state court's adjudication of the parties' property rights coincident with

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their divorce, this Court lacks jurisdiction, and Plaintiff's complaint must be dismissed.

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VII.

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Conclusion and Recommendation
The Court lacks subject matter jurisdiction over Plaintiff's dispute with Defendant.

Accordingly, the undersigned recommends that the Court dismiss this case for lack of jurisdiction.

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These findings and recommendations are submitted to the Honorable Lawrence J. O'Neill,
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United States District Court Judge, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule

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72-304 of the Local Rules of Practice for the United States District Court, Eastern District of

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California. Within fifteen (15) days after being served with a copy, Plaintiff may file written

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objections with the court. Such a document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” The Court will then review the Magistrate Judge’s ruling
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pursuant to 28 U.S.C. § 636(b)(1)(C). Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
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April 6, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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