Opinion
No. 15-56296
05-31-2017
SOLLENNE FAMILY TRUST; et al., Plaintiffs-Appellants, v. CMG MORTGAGE, INC.; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:15-cv-00200-BEN-WVG MEMORANDUM Appeal from the United States District Court for the Southern District of California
Roger T. Benitez, District Judge, Presiding Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Plaintiffs appeal pro se from the district court's judgment dismissing for lack of jurisdiction their action alleging various claims arising from a foreclosure sale. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Gager v. United States, 149 F.3d 918, 920 (9th Cir. 1998). We affirm.
The district court properly dismissed plaintiffs' action for lack of subject matter jurisdiction because plaintiffs failed to allege facts sufficient to show that there is a federal claim or that there is complete diversity between the parties. See 28 U.S.C. §§ 1331, 1332, 2201; Cal. Shock Trauma Air Rescue v. State Comp. Ins. Fund, 636 F.3d 538, 543 (9th Cir. 2011) ("[T]he operation of the Declaratory Judgment Act is procedural only and does not confer arising under jurisdiction." (citation and internal quotation marks omitted)); In re Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir. 2008) ("Diversity jurisdiction requires complete diversity between the parties-each defendant must be a citizen of a different state from each plaintiff."); see also Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (party asserting federal jurisdiction bears the burden of proving jurisdiction).
Plaintiffs' opposed emergency motion to stay foreclosure proceedings (Docket Entry No. 25) is denied.
AFFIRMED.