Steven Nemec v. Kelsey Kanoelani Alao and Alyssa Jade Alao

Summary

The United States District Court for the District of Oregon grants Defendants’ motions to dismiss and denies Plaintiff’s motions to strike in a pro se dispute concerning alleged loans and an account stated. The court dismisses claims against Alyssa Alao for lack of personal jurisdiction and concludes that the claims against Kelsey Alao are inadequately pleaded, while granting Plaintiff leave to amend.

Holdings

1. The complaint plausibly alleged diversity jurisdiction because it alleged more than $75,000 in controversy and citizenship allegations showing that each party was a citizen of a different state; although residence is not equivalent to citizenship, the allegations were accepted at the pleading stage.
2. Venue was proper in the District of Oregon under 28 U.S.C. § 1391(b).
3. The court lacked personal jurisdiction over Alyssa Alao because the complaint alleged no contacts between her and Oregon sufficient to satisfy due process.
4. The motions to strike were properly construed as oppositions to the motions to dismiss, and Plaintiff failed to establish grounds under Rule 12(f) for striking the allegations.
5. The complaint adequately alleged the amount in controversy because it was not legally certain that the claim was for less than $75,000.
6. The complaint sufficiently pleaded permissive joinder of Kelsey and Alyssa Alao, and neither dismissal nor severance was warranted.
7. The complaint failed to state a claim for account stated against Kelsey Alao because it did not allege facts showing an agreement fixing the amount due or mutual assent to the account balance.
8. The complaint failed to adequately plead a claim for money lent, paid, or expended because it did not allege the repayment terms, any agreements affecting repayment, or when demand for payment was made.

Questions Presented

1. Whether the complaint plausibly alleged diversity subject-matter jurisdiction.
2. Whether venue was proper in the District of Oregon.
3. Whether the court had personal jurisdiction over nonresident defendant Alyssa Alao.
4. Whether Plaintiff's settlement-related allegations and other opposition arguments should be stricken under Rule 12(f).
5. Whether Kelsey Alao was improperly joined and whether severance was warranted.
6. Whether the complaint stated claims for account stated and money lent, paid, or expended against Kelsey Alao.

Disposition

other