Villanueva v Santa Clara County

Filing 61

ORDER DENYING MOTION TO VACATE by Magistrate Judge Paul Singh Grewal denying 50 (psglc2, COURT STAFF) (Filed on 3/3/2016) (Additional attachment(s) added on 3/3/2016: # 1 CERTIFICATE OF SERVICE) (ofr, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BENJAMIN VILLANUEVA, Plaintiff, 8 (Re: Docket No. 50) 10 SANTA CLARA COUNTY, Defendant. United States District Court Northern District of California 11 12 14 15 16 17 18 19 ORDER DENYING MOTION TO VACATE v. 9 13 Case No. 15-cv-04828-PSG In September 2015, the Superior Court of California, County of Santa Clara granted a motion to dismiss a lawsuit by Plaintiff Benjamin Villanueva.1 Now before this court is Villanueva’s motion to vacate the state court order.2 Under what is known as the Rooker-Feldman doctrine, “federal district courts are without jurisdiction to hear direct appeals from the judgments of state courts.”3 “The doctrine bars a district court from exercising jurisdiction not only over an action explicitly styled as a direct appeal, but also over the ‘de facto equivalent’ of such an appeal.”4 That is precisely what Villanueva requests here, and this court has no jurisdiction to grant Villanueva the relief he seeks. The motion is DENIED.5 20 21 1 22 2 23 See Villanueva v. Harper, Case No. 2015-1-CV-276372 (Cal. Sup. Ct. Sept. 1, 2015). See Docket No. 50. Separately, Villanueva has appealed that order through the state court system. See Docket No. 55-3, Ex. G. 3 24 25 26 27 28 Cooper v. Ramos, 704 F.3d 772, 777 (9th Cir. 2012); see also D.C. Court of Appeals v. Feldman, 460 U.S. 462, 476 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16 (1923). 4 Cooper, 704 F.3d at 777 (quoting Noel v. Hall, 341 F.3d 1148, 1155 (9th Cir. 2003)). 5 Pursuant to Civ. L.R. 7-1(b), the court resolves this motion without oral argument. The court also notes that Villanueva did not timely file a reply brief under Civ. L.R. 7-3(d). 1 Case No. 15-cv-04828-PSG ORDER DENYING MOTION TO VACATE 1 SO ORDERED. 2 Dated: March 3, 2016 _________________________________ PAUL S. GREWAL United States Magistrate Judge 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 15-cv-04828-PSG ORDER DENYING MOTION TO VACATE

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