Sam Sohn v. California Housing Financing Agency

Background

Pro se plaintiff Sam Sohn alleged that defendants wrongfully denied her federal mortgage-assistance funds, conspired with her mortgage lender to foreclose on her home, and committed perjury or otherwise lied in a state-court action. Her amended complaint identified “CalHFA MAC” or “CALHFA Mortgage Assistance Corporation” as the same organization as Keep Your Home California. It also alleged involvement by Senator Dianne Feinstein and the U.S. Treasury Department.

Sohn initially filed a complaint and an application to proceed without paying filing fees. The court granted that application but found that the complaint did not clearly establish federal subject-matter jurisdiction. Sohn then filed an amended complaint by the court’s deadline. The amended complaint asserted that the alleged events violated 42 U.S.C. § 1985, a statute addressing certain conspiracies to interfere with government duties, court access, or equal protection of the laws.

Analysis

The court explained that § 1985 does not create an independent claim by itself; it provides a remedy after a specifically protected federal right has been violated. The amended complaint did not identify which subsection of § 1985 Sohn invoked, although the allegations appeared potentially related to subsections (2) and (3).

For the relevant conspiracy theories, the court explained that Sohn needed to provide facts showing more than a general accusation of conspiracy. The complaint needed to identify the alleged conspirators, the agreement, the conspiracy’s scope, each defendant’s role, and how the conspiracy caused a deprivation of rights. Claims under the second clause of § 1985(2) or under § 1985(3) also require facts showing class-based discriminatory motive.

The court found that Sohn’s allegations that she was disabled and had language limitations did not plausibly show that any defendant acted because of her disability, race, or national origin. The court also found no facts plausibly showing that the defendants agreed to participate in a conspiracy. The allegations concerning Senator Feinstein and the Treasury Department were especially limited, consisting mainly of conclusory statements that a CALHFA or KYHC officer had politically conspired with them.

Disposition

The court recommended that the amended complaint be dismissed with leave to amend as to the § 1985 claim. It did not issue a final dismissal because, absent consent from all parties, the magistrate judge lacked authority to enter a dispositive order. Instead, the case was ordered reassigned to a district judge. Parties were permitted to object to the report and recommendation by January 29, 2021.