Kiss v. Kenny

Background

Daniel Kiss, who was representing himself, sued Janet Kenny and Debra Rubin. Kiss alleged that he had lived at a residence with his wife while caring for Jules Kenny and assisting with the residence. After Jules died, Janet contacted police and reported that Kiss was at the residence without authorization and might be removing property. Officers searched the residence and Kiss’s vehicles, placed some of his personal items in the garage, ordered Kiss and his wife to leave, and warned them not to return. Kiss alleged that he later recovered only some of his property.

Kiss’s amended complaint asserted claims for unlawful eviction, invasion of privacy, conversion, breach of lease, estoppel, and negligent infliction of emotional distress. He sought damages for personal property, emotional distress, lost income, and other relief. Debra moved to dismiss for failure to state a claim. Janet moved to dismiss for lack of subject-matter jurisdiction, failure to state a claim, and the rule requiring dismissal whenever the court determines that subject-matter jurisdiction is lacking.

Jurisdictional analysis

The amended complaint did not assert a federal-law claim. The only possible basis for federal jurisdiction was diversity jurisdiction, which generally requires complete diversity between the parties and an amount in controversy exceeding $75,000.

The court held that Kiss had not adequately pleaded the parties’ citizenship. The amended complaint described Kiss, Janet, and Debra as residents of particular places, but residence alone does not establish citizenship for diversity purposes. Kiss did not provide facts about his own permanent home or Debra’s permanent home. The court therefore could not determine whether complete diversity existed.

The court separately considered the amount in controversy. The amended complaint stated, without supporting valuation, that more than $75,000 was at stake. Because Kiss was representing himself, the court also considered his later list valuing allegedly withheld assets at $154,823. Even excluding the listed Bitcoin-related item valued at $89,400, the court concluded that the remaining property and potential emotional-distress damages made it reasonably probable that more than $75,000 could be recovered. The court therefore did not find the amount-in-controversy requirement lacking.

Disposition

Because diversity jurisdiction was not adequately pleaded, the court dismissed the claims without prejudice for lack of subject-matter jurisdiction. The court did not decide whether any claim had merit or would survive dismissal for failure to state a claim. It gave Kiss until March 8, 2024, to file a second amended complaint addressing citizenship and domicile. If he did not file one by that date, or if it did not cure the jurisdictional problem, judgment would be entered and the case closed. The Clerk was directed to terminate the two pending motions.