De La Cruz v. De La Cruz

Background

Grace De La Cruz, appearing without a lawyer, sued Jason De La Cruz, identified as her ex-husband. She alleged that he agreed to help pay her rent after leaving her but did not pay the money she expected. She alleged $5,000 in rent arrears and sought that amount in damages, along with any additional relief the court deemed appropriate. The court had previously allowed her to proceed without paying filing fees in advance.

Jurisdiction

The court explained that federal district courts generally have jurisdiction over claims arising under federal law or over disputes between citizens of different states when more than $75,000 is at stake. Although the complaint invoked federal-question jurisdiction, the court found no facts suggesting that Jason De La Cruz violated federal law or Grace De La Cruz’s constitutional rights. The court characterized her claims as state-law claims involving support and a matrimonial matter ordinarily raised in New York State Family Court.

The court also found that the complaint did not establish diversity jurisdiction. Grace De La Cruz alleged that she was a New York citizen but did not provide Jason De La Cruz’s domicile, so the parties’ citizenship could not be determined to be different. In any event, the court found it clear that the amount in controversy was only $5,000, below the $75,000 jurisdictional requirement.

Disposition

Because the court lacked subject matter jurisdiction, it dismissed the complaint under Federal Rule of Civil Procedure 12(h)(3). It declined to give Grace De La Cruz an opportunity to amend because the jurisdictional defects could not be cured by amendment. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The court directed the Clerk of Court to enter judgment.