Villar v. Tipsor et al

Filing 10

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Maria-Elena James on 3/10/2016. (cdnS, COURT STAFF) (Filed on 3/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARIO CAMPOS VILLAR,

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Case No. 16-cv-00816-MEJ

Plaintiff,
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v.

ORDER DISMISSING CASE
WITHOUT PREJUDICE

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MICHAEL TIPSOR, et al.,

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Defendants.

United States District Court
Northern District of California

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Plaintiff Dario Campos Villar filed this case on February 18, 2016, seeking damages

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related to a car accident that occurred on November 10, 2015.1 He brought claims for “Insurance

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Bad Faith, Personal Injury, Negle[c]t, Elder Abused, Damages, Intentional Tort, Plot,

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Discrimination, [and] Intentional Plot.” Compl. at 1, Dkt. No. 1. However, because Plaintiff’s

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Complaint appeared to only assert claims based on state tort law and named only defendants who

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are California residents, the Court ordered him to show cause why this case should not be

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dismissed for lack of subject matter jurisdiction. Dkt. No. 7. Plaintiff did not respond to the

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Order, but instead filed a First Amended Complaint, once again asserting claims for Insurance Bad

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Faith, Personal Injury, and Elder Abuse. Dkt. No. 9.
There are two bases for federal subject matter jurisdiction: (1) federal question jurisdiction

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under 28 U.S.C. § 1331 and (2) diversity jurisdiction under 28 U.S.C. § 1332. Pursuant to the

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federal question jurisdiction statute, district courts have original jurisdiction over all civil actions

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arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1331. For

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Plaintiff has consented to the jurisdiction of a magistrate judge. Dkt. No. 8. Defendants have
not been served, and are therefore not parties to the suit pursuant to 28 U.S.C. § 636(c). See Levy
v. United States, 2012 WL 1439047, at *1 (N.D. Cal. Apr. 25, 2012); Third World Media, LLC v.
Does 1-1568, 2011 WL 4344160, at *3 (N.D. Cal. Sept. 15, 2011).

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diversity jurisdiction under 28 U.S.C. § 1332, each plaintiff must be diverse from each defendant,

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and the amount in controversy must exceed $75,000.

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Plaintiff is a resident of this District, and at least one of the named Defendants is a resident
of California. Thus, diversity jurisdiction is lacking. Further, Plaintiff’s First Amended

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Complaint centers on allegations regarding the November 2015 car accident his insurance

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company’s alleged bad faith failure to defend him. Plaintiff’s allegations of “breach of contract”

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and “insurance bad faith” are based in state law, yet there is no diversity jurisdiction; thus, these

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claims are properly brought in state court. Although Plaintiff uses words such as “Discrimination”

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and “Violation of my Civil and Legal Rigth [sic]” that could be construed as an attempt to raise

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federal claims, there are no allegations supporting such claims in his original or First Amended

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United States District Court
Northern District of California

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Complaint. Accordingly, as the Court lacks jurisdiction, this case is DISMISSED WITHOUT

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PREJUDICE to filing in state court. Plaintiff’s Application to Proceed In Forma Pauperis is

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DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated: March 10, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARIO CAMPOS VILLAR,

Case No. 16-cv-00816-MEJ

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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MICHAEL TIPSOR, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on March 10, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Dario Campos Villar
46 Cielito Drive
San Francisco, CA 94134

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Dated: March 10, 2016
Richard W. Wieking
Clerk, United States District Court

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By: ___________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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