Andrew Singleton and Myra F. Singleton v. Freedom Mortgage Corporation, DHI Mortgage Company, Ltd., LP.

Summary

The United States District Court for the Eastern District of California orders pro se plaintiffs to file a substantive opposition to a motion to dismiss and recommends denying their motion to remand. The court concludes that diversity jurisdiction exists because the parties are diverse and the value of the property at issue exceeds $75,000. The action concerns alleged mortgage-payment misapplication, foreclosure proceedings, and related state-law claims.

Holdings

1. The court concluded that diversity jurisdiction was satisfied because the parties were diverse and the amount in controversy was measured by the value of the property, which exceeded $75,000; it therefore recommended denying the motion to remand.

Questions Presented

1. Whether federal diversity jurisdiction existed where the parties were diverse and the action sought declaratory and injunctive relief concerning real property.
2. Whether the amount in controversy exceeded $75,000 when plaintiffs did not state a specific damages amount and argued that only allegedly misapplied mortgage payments were at issue.

Disposition

remanded