Robinson v. Bank of America et al

Filing 20

ORDER. The court lacks jurisdiction over plaintiff's claims. The case is hereby DISMISSED. (vrwlc2, COURT STAFF) (Filed on 4/27/2010).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LA CHAWN ROBINSON, Plaintiff, v BANK OF AMERICA, N A, et al, Defendants. / No C 10-0050 ORDER VRW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff filed a complaint for relief under state and federal law arising from plaintiff's mortgage on a property in Richmond, California on January 6, 2010. Doc #1. Defendants filed

motions to dismiss and to strike plaintiff's complaint on March 16, 2010 and noticed them for hearing on May 13, 2010. Doc #10. On

April 6, plaintiff filed an amended complaint asserting only state law claims and a notice of non-opposition to dismissal of the federal claims. Doc ##16 & 17.

Plaintiff did not have leave to file an amended complaint as required under FRCP 15(a); nevertheless, because leave to amend is liberally granted, the court will accept plaintiff's amended

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complaint.

The amended complaint states no federal claims and

provides no basis for federal jurisdiction. When a plaintiff seeking to invoke a federal forum voluntarily dismisses claims forming the basis of federal jurisdiction, the court must determine its jurisdiction based on the amended complaint. William W Schwarzer et al, Federal Civil Where, as here, the amended

Procedure Before Trial 2:91.5.

complaint fails to state any basis for federal jurisdiction, the court must dismiss the case. See id; Wellness Community-National v

Wellness Community, 70 F3d 46, 49 (7th Cir 1995). Plaintiff seeks dismissal without prejudice, Doc #15 at 2, but the court lacks a basis to allow plaintiff leave to amend the complaint. The court may allow amendment of pleadings to cure

jurisdictional defects of form, see 28 USC § 1653, but where, as here, the complaint fails to allege any substantive ground for federal jurisdiction, the court has no jurisdiction to allow leave to amend. See Morongo Band of Mission Indians v California State

Bd of Education, 858 F2d 1376, 1380 n3 (9th Cir 1988). Accordingly, the only appropriate course is to dismiss the case. // // // // // // // // // 2

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For the reasons stated above, the court lacks jurisdiction over plaintiff's claims. DISMISSED. The case is hereby

The clerk is DIRECTED to vacate all hearing dates,

terminate all pending motions and close the file.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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