Sinha v. State of California
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 27 MOTION TO DISMISS.Amended Pleadings due by 11/24/2024. **This Order TERMINATES Docket Nos. 30 , 38 , 42 , 44 .** (ndr, COURT STAFF) (Filed on 10/25/2024)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RAJESH K. SINHA,
Plaintiff,
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v.
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ORDER GRANTING MOTION TO
DISMISS
Re: Dkt. No. 27
STATE OF CALIFORNIA,
Defendant.
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United States District Court
Northern District of California
Case No. 24-cv-00046-HSG
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Pending before the Court is Defendant State of California’s motion to dismiss. Dkt. No.
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27. The Court finds this matter appropriate for disposition without oral argument and the matter is
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deemed submitted. See Civil L.R. 7-1(b). For the reasons detailed below, the Court GRANTS the
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motion to dismiss.
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I.
BACKGROUND
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A.
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In January 2024, pro se Plaintiff Rajesh K. Sinha filed this case against the State of
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California. See Dkt. Nos. 1, 3. Plaintiff amended the complaint in February 2024. See Dkt. No. 7
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(“FAC”). The FAC alleges that Plaintiff has not been able to renew his passport with the federal
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government because he is behind on his child support in excess of $2,500. See id. at 14, 18, 25.
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Plaintiff appears to challenge the manner in which his child support was calculated. See, e.g., id.
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at 13, 15–16, 20–21, 32–43. He suggests that the formula used to calculate his child support
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payments as a non-custodial parent did not properly account for his basic living expenses. See id.
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at 17, 20–21, 32–33. Although Plaintiff no longer has to pay ongoing child support, he still owes
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child support arrears. See id. at 16–17, 20. Plaintiff alleges that despite his lack of income, he still
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has been ordered to pay $340.00 a month to pay off the child support arrears, and his bank account
Factual Background
United States District Court
Northern District of California
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is garnished once a year. Id. Plaintiff urges that his lack of payment has not been willful—he is
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simply unable to pay. See id. at 17, 19, 24, 26–27, 44. And Plaintiff explains that because interest
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on his child support arrears continues to grow, he will never be able to pay all he owes. See id. at
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19–21, 43. Plaintiff states that this has been exacerbated by his inability to renew his passport. He
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alleges that he previously ran an exports business, which “came to a dead halt” because he could
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not travel internationally without a passport. See id. at 14, 18–19, 22–23, 25, 28–29. Afterward,
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he picked up odd jobs, but he could not earn enough money, and he even had to live out of his car
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for a time. Id. at 14, 19, 25. Plaintiff’s father passed away in 2019 and he was unable to travel to
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India to see him and be with his family. See id. at 14, 25, 33. Plaintiff also wanted to travel with
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his mother back to India for her knee surgery, but he could not do so. See id. at 25–26. Plaintiff
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alleges that he is also currently behind on his rent payments and is unable to pay his bills. See id.
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at 21, 29, 44–46.
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Plaintiff has brought two causes of action based on these allegations. First, Plaintiff
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alleges that California has violated the Passport Denial Program and the Personal Responsibility
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and Work Opportunity Reconciliation Act of 1996 (“PRWORA”). See 42 U.S.C. § 654(31); 42
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U.S.C. § 652(k). See FAC at 24–29. Despite the language of the PRWORA, Plaintiff appears to
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contend that only individuals who are willfully failing to pay child support or seeking to travel to
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evade their child support obligations should have their passport denied. See id. at 26. Second,
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Plaintiff alleges that California has violated federal guidelines called the “Final Rule: Flexibility,
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Efficiency, and Modernization in Child Support Enforcement Programs,” the Final Rule’s relevant
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provisions, and Presidential Executive Order 13563, in calculating what he owes in child support.
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See id. at 29–44. From what the Court can determine, Plaintiff takes issue with the fact that
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California has not adjusted the formula for calculating child support for many years; the formula
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does not adequately account for the basic subsistence needs of noncustodial parents; and although
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California is in the process of finally revising the child support formula, Plaintiff was not provided
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an opportunity to meaningfully participate in this process. See, e.g., id. at 30–44. Plaintiff asserts
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that his “child support amount was exorbitant.” See id. at 32. Plaintiff asks the Court to allow
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him to renew his passport and citizenship card and to have his child support arrears recalculated.
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See id. at 44–46. He also asks for damages in the amount of $1,941,404.00. Id.
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B.
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On March 8, 2024, Magistrate Judge Sallie Kim issued an order directing that the case be
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reassigned to a district judge with a report and recommendation that the action be dismissed. Dkt.
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No. 8. Judge Kim reasoned that Plaintiff’s lawsuit is barred by sovereign immunity under the
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Eleventh Amendment. Dkt. No. 8. Out of an abundance of caution, the Court declined to adopt
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the report and recommendation, and directed the U.S. Marshal to serve the complaint. See Dkt.
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No. 19. Defendant State of California then filed a motion to dismiss the complaint in its entirety.
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Dkt. No. 27.
Rather than oppose the motion to dismiss, Plaintiff initially filed a request to amend the
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United States District Court
Northern District of California
Procedural Background
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complaint. See Dkt. No. 30. Plaintiff filed serial motions to extend his deadline to respond to the
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motion to dismiss based on his intention to amend the complaint. See Dkt. Nos. 38, 42, 44.
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Plaintiff eventually filed an opposition to the motion to dismiss on October 4, 2024. Dkt. No. 45.
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Because of the overlap in arguments across the motion to dismiss and motion for leave to amend
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the complaint, the Court considers the arguments raised in both sets of briefing.
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II.
LEGAL STANDARD
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A.
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Under Federal Rule of Civil Procedure 12(b)(1), a party may move to dismiss based on the
Rule 12(b)(1)
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court’s lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). “Subject matter
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jurisdiction can never be forfeited or waived and federal courts have a continuing independent
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obligation to determine whether subject matter jurisdiction exists.” See Leeson v. Transam.
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Disability Income Plan, 671 F.3d 969, 975, n.12 (9th Cir. 2012) (quotation omitted). The party
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invoking subject matter jurisdiction has the burden of establishing that such jurisdiction exists.
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See Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992).
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B.
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Federal Rule of Civil Procedure 8(a) requires that a complaint contain “a short and plain
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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). A
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defendant may move to dismiss a complaint for failing to state a claim upon which relief can be
Rule 12(b)(6)
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granted under Federal Rule of Civil Procedure 12(b)(6). “Dismissal under Rule 12(b)(6) is
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appropriate only where the complaint lacks a cognizable legal theory or sufficient facts to support
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a cognizable legal theory.” Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th
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Cir. 2008). To survive a Rule 12(b)(6) motion, a plaintiff need only plead “enough facts to state a
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claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).
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A claim is facially plausible when a plaintiff pleads “factual content that allows the court to draw
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the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal,
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556 U.S. 662, 678 (2009).
In reviewing the plausibility of a complaint, courts “accept factual allegations in the
United States District Court
Northern District of California
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complaint as true and construe the pleadings in the light most favorable to the nonmoving party.”
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Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008). Nevertheless,
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courts do not “accept as true allegations that are merely conclusory, unwarranted deductions of
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fact, or unreasonable inferences.” In re Gilead Scis. Secs. Litig., 536 F.3d 1049, 1055 (9th Cir.
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2008) (quoting Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001)).
Additionally, “[p]leadings must be construed so as to do justice.” Fed. R. Civ. P. 8(e).
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“[A] pro se complaint, however inartfully pleaded, must be held to less stringent standards than
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formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation
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omitted). However, even a “liberal interpretation of a . . . complaint may not supply essential
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elements of the claim that were not initially pled.” See Ivey v. Bd. of Regents of Univ. of Alaska,
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673 F.2d 266, 268 (9th Cir. 1982). “[P]ro se litigants are bound by the rules of procedure,”
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Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995), which require “a short and plain statement of
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the claim showing that the pleader is entitled to relief,” Fed. R. Civ. P. 8(a).
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III.
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DISCUSSION
A.
Rooker-Feldman Doctrine
California first argues that the Court lacks subject matter jurisdiction over this case
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because Plaintiff’s claims are barred by the Rooker-Feldman Doctrine. See Dkt. No. 27 at 4–6.
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Under the Rooker-Feldman doctrine, a federal district court has no authority to review state court
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decisions. See Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476 (1983); Rooker
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United States District Court
Northern District of California
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v. Fidelity Trust Co., 263 U.S. 413, 415–16 (1923). The doctrine applies to “‘cases brought by
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state-court losers complaining of injuries caused by state-court judgments rendered before the
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district court proceedings commenced and inviting district court review and rejection of those
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judgments.’” Mothershed v. Justs. of Supreme Ct., 410 F.3d 602, 606 (9th Cir. 2005), as amended
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on denial of reh’g (July 21, 2005) (quoting Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544
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U.S. 280, 284 (2005)). “The doctrine bars a district court from exercising jurisdiction not only
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over an action explicitly styled as a direct appeal, but also over the ‘de facto equivalent’ of such an
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appeal.” Cooper v. Ramos, 704 F.3d 772, 777 (9th Cir. 2012). To determine whether a plaintiff is
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bringing such a de facto appeal, the Court must “pay close attention to the relief sought by the
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federal-court plaintiff.” Id. (quotation omitted) (emphasis in original). “It is a forbidden de facto
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appeal under Rooker–Feldman when the plaintiff in federal district court complains of a legal
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wrong allegedly committed by the state court, and seeks relief from the judgment of that court.”
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Id. at 777–78 (quotation omitted).
Here, Plaintiff suggests that he is not trying to litigate “the same case of child support
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modification/determination in federal district court.” See Dkt. No. 45 at 5. He also suggests that
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he is referencing his child support orders “in a different context,” and is only seeking relief based
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on California’s failure to comply with federal law. Id. However, Plaintiff explicitly asks the
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Court to review and recalculate his child support payments and arrears as previously determined
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by the Sonoma County Superior Court. See FAC at 46. For this Court to give Plaintiff this
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specific relief, it would have to find that the state court child support orders were incorrect in some
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way. But the Court may not review state child support orders. Accordingly, to the extent Plaintiff
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is asking the Court to review and recalculate his child support orders and the child support arrears,
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the Court finds that such claims are barred by the Rooker-Feldman doctrine and GRANTS the
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motion to dismiss on this basis.
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B.
Standing
California next argues that Plaintiff lacks standing to request the renewal of his passport.
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See Dkt. No. 27 at 7–8. Specifically, the State explains that Plaintiff cannot establish causation or
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redressability because the State has no authority to issue, revoke, or renew passports. Id. The
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State simply provides the federal government with a list of individuals who owe child support
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arrearages exceeding $2,500. See 42 U.S.C. § 652(k); cf. Eunique v. Powell, 302 F.3d 971, 972–
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73 (9th Cir. 2002) (rejecting argument that statute and regulation authorizing denial of passport
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due to child support arrears were unconstitutional). Yet Plaintiff asks, at least in part, for the
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Court to “allow” him “to renew [his] passport and citizenship card . . . .” See FAC at 44. The
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Court agrees that California does not make these determinations, and even if Plaintiff could
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prevail on some claim against the State, the Court has no power to order the State to renew
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Plaintiff’s passport. Plaintiff has no standing, therefore, to seek this specific relief from California
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and the Court GRANTS the motion to dismiss on this basis.1
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C.
California also argues that Plaintiff’s claims are barred by sovereign immunity. See Dkt.
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United States District Court
Northern District of California
Sovereign Immunity
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No. 27 at 8–9. “The Eleventh Amendment of the United States Constitution prohibits federal
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courts from hearing suits brought by private citizens against state governments, without the state’s
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consent.” Nat. Res. Def. Council v. California Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996)
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(citing Hans v. Louisiana, 134 U.S. 1, 14 (1890)). There are only three exceptions to this
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immunity: (1) “a state may waive its Eleventh Amendment defense”; (2) “Congress may abrogate
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the States’ sovereign immunity by acting pursuant to a grant of constitutional authority”; and (3) a
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plaintiff may seek prospective injunctive relief to remedy violations of federal law, under the Ex
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Parte Young doctrine. See Douglas v. Cal. Dep’t of Youth Auth., 271 F.3d 812, 817 (9th Cir.
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2001).
Here, none of these exceptions appear to apply. California has not consented to being sued
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and instead has explicitly asserted its Eleventh Amendment defense. See Dkt. No. 27 at 8–10.
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Congress also has not abrogated California’s sovereign immunity as to Plaintiff’s causes of action.
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To do so, Congress must have “unequivocally expressed its intent to abrogate the states’ immunity
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in the legislation itself.” See Douglas, 271 F.3d at 818 (quotation omitted). But none of the
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To the extent that Plaintiff urges that the United States Secretary of State is a federal entity and
this Court has jurisdiction over it, Dkt. No. 45 at 6, this is simply inapposite. Plaintiff has only
sued the State of California.
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statutes or regulations that Plaintiff cites in the FAC indicate that Congress “unequivocally”
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intended to abrogate state sovereign immunity. Id.
Additionally, despite Plaintiff’s passing reference to it, Dkt. No. 45 at 10, the Ex Parte
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Young doctrine does not apply here. See Ex parte Young, 209 U.S. 123, 159–60 (1908). Plaintiff
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has not named a state official as a defendant, and Plaintiff primarily seeks monetary damages to
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remedy retrospective harms. See Douglas, 271 F.3d at 821, n.6; Seminole Tribe of Fla. v. Fla.,
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517 U.S. 44, 73 (1996). Specifically, Plaintiff seeks almost $2 million for things like the loss of
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his business, the deterioration of his health, and outstanding debts including his child support
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arrears, that he claims are due to the improper calculation of his child support and his inability to
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renew his passport. See FAC at 44–46.
Plaintiff’s conclusory assertion that California somehow “lost its sovereign immunity” by
United States District Court
Northern District of California
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depriving him of “life, liberty, and property” under the Fourteenth Amendment because of its
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“irrational acts,” Dkt. No. 45 at 11, is also not supported. Even assuming such a claim was not
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subject to sovereign immunity, the FAC does not include a Fourteenth Amendment claim. See
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generally FAC. In his opposition brief, Plaintiff lists other Constitutional provisions and statutes.
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See id. at 12. And in his motion for leave to amend the complaint Plaintiff urges that this “case is
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primarily related to Procedural & Substantive due process violation[s] and deprivation[s] of
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fourteenth amendment rights of life, liberty, and property (and some others).” See Dkt. No. 30 at
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2. But again, these purported violations are not alleged in the FAC either and it is not clear what
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cause of action Plaintiff could assert under the circumstances. Plaintiff has repeatedly expressed
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his frustration with California’s child support policies and procedures, and believes that changes
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are necessary. But Plaintiff’s mere disagreement with these policies is not enough to overcome
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California’s sovereign immunity.
As Judge Kim explained in her report and recommendation, this Court is one of limited
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jurisdiction, and federal courts can adjudicate only cases that the Constitution or Congress
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authorizes them to adjudicate. See Dkt. No. 8 at 3 (citing Kokkonen v. Guardian Life Ins. Co. of
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Am., 511 U.S. 375, 377 (1994)). The Court therefore GRANTS the motion to dismiss on this
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basis.
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D.
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In both his opposition brief and motion for leave to file an amended complaint, Plaintiff
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suggests that California simply misapprehends the nature of his case. At various points he
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suggests that he is challenging the constitutionality of California’s child support regime. Even if
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this were clearly alleged, however, it is not clear how Plaintiff could overcome California’s
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sovereign immunity. Still, out of an abundance of caution, the Court will grant Plaintiff one last
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opportunity to amend his complaint. Plaintiff is cautioned that he should clearly explain what
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California has allegedly done, which laws Plaintiff believes this conduct violated, and why such
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claims are not barred by the Eleventh Amendment.
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IV.
CONCLUSION
The Court GRANTS the motion to dismiss. Dkt. No. 27. Plaintiff may therefore file an
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United States District Court
Northern District of California
Leave to Amend
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amended complaint within 30 days of the date of this order. This order also TERMINATES AS
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MOOT Dkt. Nos. 30, 38, 42, and 44.
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IT IS SO ORDERED.
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Dated:
10/25/2024
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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