Bernstein v. Banco Popular North America
- Beth Freeman
- 5:25-cv-02204
- U.S. District Court · Northern District of California
- 5
In Bernstein v. Banco Popular North America, Judge Freeman dismissed the case without prejudice after finding no federal subject-matter jurisdiction.
The dismissal affected Mary H. Bernstein, John L. Bernstein IV, John L. Bernstein III, and Elizabeth Tigano, who represented themselves, as well as Banco Popular North America and the other defendants. The case was dismissed without prejudice to refiling in state court.
What happened
In Bernstein v. Banco Popular North America, four people representing themselves sued Banco Popular North America and others over a homeowners-association assessment and foreclosure proceedings involving their property. They brought fourteen claims, all based on state law.
Berding & Weil LLP asked the federal court to dismiss the case for lack of jurisdiction, among other reasons. The court found no diversity jurisdiction because the plaintiffs and Berding & Weil were citizens of California, and no federal-question jurisdiction because the complaint asserted no federal claims.
Judge Freeman granted Berding & Weil’s motion to dismiss for lack of subject-matter jurisdiction and dismissed the case without prejudice to refiling in state court. The court terminated the other pending defense motions as moot and did not decide the remaining dismissal arguments or the merits of the claims.
The detailed version
- Bernstein v. Banco Popular North America · No. 5:25-cv-02204
- Beth Freeman
- July 22, 2025
Background
Mary H. Bernstein, John L. Bernstein IV, John L. Bernstein III, and Elizabeth Tigano represented themselves in this case. They owned a property within the Meadowbrook Village Homeowners Association. The Association imposed an assessment intended to help repay a loan for building repairs and replacements. The plaintiffs did not pay their approximately $33,625 share, and the Association began foreclosure proceedings through a property-association lien notice.
The plaintiffs filed fourteen causes of action against Banco Popular North America and other defendants, including claims for misrepresentation, violations of California statutes, wrongful foreclosure, emotional distress, housing discrimination, negligence, elder abuse, and relief concerning the foreclosure proceedings. The complaint alleged federal jurisdiction based on diversity of citizenship.
Jurisdictional Analysis
Berding & Weil LLP moved under Federal Rule of Civil Procedure 12(b)(1) to dismiss for lack of subject-matter jurisdiction. It also moved under Rule 12(b)(6) to dismiss for failure to state a claim and under Rule 12(e) for a more definite statement.
The court explained that diversity jurisdiction requires complete diversity, meaning no plaintiff may be a citizen of the same state as any defendant, and an amount in controversy exceeding $75,000. The plaintiffs alleged that they were domiciled in California. The court found that Berding & Weil was a California limited liability partnership with its principal place of business in Walnut Creek, California. Because the plaintiffs and Berding & Weil were citizens of California, complete diversity was absent.
The court also found no federal-question jurisdiction. It determined that all fourteen claims in the complaint arose under state law and that the plaintiffs had not asserted any federal claim.
Ruling and Disposition
The order's title states that Berding & Weil's motion to dismiss was “GRANT[ED] IN PART” and “TERMINAT[ED] IN PART.” The court expressly granted the motion to dismiss for lack of subject-matter jurisdiction. Because the court lacked jurisdiction, it did not reach the remaining arguments in Berding & Weil's motion.
The court dismissed the case without prejudice to refiling in state court. It also terminated as moot the other defendants' motions at ECF Nos. 32, 48, and 70. Judge Beth Labson Freeman vacated the scheduled hearing on Berding & Weil's motion.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.