Fagorala v. Waypoint Homes, Inc. et al

Filing 17

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS 5 8 (Illston, Susan) (Filed on 3/27/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 13-00038 SI

ADE FAGORALA,

ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS

Plaintiff,
v.
WAYPOINT HOMES INC., et al.,

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Defendants.

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/

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Currently before this Court is defendants’ motion to dismiss pro se plaintiff’s complaint and

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motion to quash service. Pursuant to Civil Local Rule 7-1(b), the Court determines that these matters

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are appropriate for resolution without oral argument and VACATES the hearing scheduled for March

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29, 2013. For the reasons set forth below, the Court GRANTS the motion to dismiss without leave to

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amend.

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BACKGROUND

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This case stems from an allegedly wrongful unlawful detainer action. In Waypoint Homes, Inc.

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v. Fagorala, No. PS12-1577 (Contra Costa Cnty. Super. Ct.), Waypoint alleged that Fagorala, who was

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renting property owned by Waypoint, failed to pay her rent for several months. Fujimoto Decl. Ex. A

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(“Waypoint Compl.”) ¶¶ 1-10. Waypoint sought money damages and restitution of the property. Id.

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¶ 15. On December 12, 2012, the Superior Court entered judgment of unlawful detainer in favor of

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Waypoint. Fujimoto Decl. Ex. B (“Waypoint Judgment”).

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Plaintiff alleges that the unlawful detainer was improperly granted against her. Compl. 1-4.

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Plaintiff alleges that her demurrer motion based on Waypoint’s lack of standing was “illegally overruled

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by: a court commissioner: Lowell Richards,” and Lowell Richards also illegally denied her motion for

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reconsideration, and he entered the default judgment in bad faith. Id. at 3. Plaintiff demands that “these

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allegations; must be instantly investigated by the sheriff and the sheriff’s offices, and the federal law

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enforcers; and that the executions of the writ of possessions must be stayed ; pending the interlocutory

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appeals, now pending in the state case.” Id. (mistakes in original).

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Defendants argue that the complaint should be dismissed for several reasons: (1) the Court lacks

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subject matter jurisdiction, (2) service was improper and plaintiff failed to file a summons, and (3) the

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complaint fails to state a claim upon which relief can be granted.

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United States District Court
For the Northern District of California

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LEGAL STANDARD

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Under Federal Rule of Civil Procedure 12(b)(6), a district court must dismiss a complaint if it

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fails to state a claim upon which relief can be granted. To survive a Rule 12(b)(6) motion to dismiss,

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the plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atl.

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Corp. v. Twombly, 550 U.S. 544, 570 (2007). This “facial plausibility ” standard requires the plaintiff

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to allege facts that add up to “more than a sheer possibility that a defendant has acted unlawfully.”

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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Although courts do not require “heightened fact pleading

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of specifics,” Twombly, 550 U.S. at 544, a plaintiff must provide “more than labels and conclusions, and

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a formulaic recitation of the elements of a cause of action will not do,” id. at 555. The plaintiff must

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allege facts sufficient to “raise a right to relief above the speculative level.” Id.

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In deciding whether the plaintiff has stated a claim, the Court must assume that the plaintiff’s

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allegations are true and must draw all reasonable inferences in his or her favor. Usher v. City of Los

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Angeles, 828 F.2d 556, 561 (9th Cir. 1987). However, the court is not required to accept as true

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“allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences.”

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St. Clare v. Gilead Scis., Inc., 536 F.3d 1049, 1055 (9th Cir. 2008). Moreover, “the tenet that a court

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must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.”

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Iqbal, 556 U.S. at 678.

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Pro se complaints are held to “less stringent standards than formal pleadings drafted by lawyers.”

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Haines v. Kerner, 404 U.S. 519, 520 (1972). Where a plaintiff is proceeding pro se, a court has an
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obligation to construe the pleadings liberally and to afford the plaintiff the benefit of any doubt. Bretz

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v. Kelman, 773 F.2d 1026, 1027 n.1 (9th Cir. 1985) (en banc). However, pro se pleadings must still

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allege facts sufficient to allow a reviewing court to determine whether a claim has been stated. Ivey v.

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Bd. of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982). In considering a motion to

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dismiss, the court may take judicial notice of matters of public record outside the pleadings. Fed. R. of

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Evid. § 201(b)(2); MGIC Indemn. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986).

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If a court dismisses the complaint, it must then decide whether to grant leave to amend.

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Dismissal of a pro se complaint without leave to amend is proper only if it is “absolutely clear that the

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deficiencies of the complaint could not be cured by amendment.” Noll v. Carlson, 809 F.2d 1446, 1448

United States District Court
For the Northern District of California

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(9th Cir. 1987) (quoting Broughton v. Cutter Labs., 622 F.2d 458, 460 (9th Cir. 1980)).

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DISCUSSION
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Subject Matter Jurisdiction

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There are two bases for federal subject matter jurisdiction: (1) federal question jurisdiction under

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28 U.S.C. § 1331, and (2) diversity jurisdiction under 28 U.S.C. § 1332. A district court has federal

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question jurisdiction in “all civil actions arising under the Constitution, laws, or treaties of the United

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States.” 28 U.S.C. § 1331. The federal question must be “presented on the face of the plaintiff’s

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properly pleaded complaint.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). A district court

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has diversity jurisdiction where the matter in controversy exceeds the sum of $75,000, and is between,

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inter alia, citizens of different States, or citizens of a State and citizens or subjects of a foreign state.

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28 U.S.C. § 1332.

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Defendants argue that this Court lacks subject matter jurisdiction because there is neither

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diversity nor federal question jurisdiction. Plaintiff failed to address defendants’ jurisdictional argument

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in his opposition. It is difficult to discern the precise cause of action plaintiff is asserting from the

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complaint. However, the complaint argues that the actions of the Superior Court “violated his rights to

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claim the protections afforded by the violated Constitution of the United States of America” and thus

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constituted “constitutional and due process violations.” Compl. 5, 7. Therefore, plaintiff is apparently

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asserting a due process claim under the Fourteenth Amendment of the Constitution.
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Accordingly, the Court finds that there is a federal question on the face of the complaint, and
therefore the Court has subject matter jurisdiction.

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2.

Failure to State a Claim

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Plaintiff alleges a Due Process Clause violation against defendants Waypoint Homes, Inc.; Giles

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Imrie, who is an attorney for Waypoint; Waypoint Homes (Blue Kahana); Blue Oasis, LLC; and Weil

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Brien Partners.1 All of these defendants are either individuals or business entities.
The Fourteenth Amendment of the Constitution states that “No State shall . . . deprive any person

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of life, liberty, or property, without due process of law.” Accordingly, “the Due Process Clause protects

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United States District Court
For the Northern District of California

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individuals only from governmental and not from private action.” Lugar v. Edmondson Oil Co., Inc.,

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457 U.S. 922, 930 (1982). Plaintiff has not sued the government or a government official. Therefore,

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his Due Process allegations must fail against these individual and business entities.

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Plaintiff could not cure his complaint by adding Commissioner Lowell Richards, the judge who

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is alleged to have “illegally” denied her demurrer and entered judgment against her. The Supreme Court

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has held that judges are immune from liability for damages for acts committed within their judicial

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discretion, even when a judge is accused of acting maliciously and corruptly. Pierson v. Ray, 386 U.S.

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547, 553-54 (1967).

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Accordingly, the Court finds that plaintiff has failed to state a claim upon which relief can be

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granted. The Court also finds it absolutely clear that the deficiencies of the complaint could not be cured

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by amendment. Because the Court finds that the complaint should be dismissed, it need not address

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defendants’ arguments regarding improper service.

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///

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According to defendants, the correct spelling is Wiel Brien Partners.
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CONCLUSION
For the foregoing reasons, the Court GRANTS defendant’s motion, and DISMISSES plaintiff’s
complaint without leave to amend.

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IT IS SO ORDERED.

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Dated: March 27, 2013
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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