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Johns v. Dufner Catering Center

filed*fn*: September 30, 1992.

ELIZABETH E. JOHNS, PLAINTIFF-APPELLANT,
v.
DUFNER CATERING CENTER, A NEW JERSEY CORPORATION; JOHN CUFNER, DEFENDANTS-APPELLEES.



Appeal from the United States District Court for the District of Hawaii. D.C. No. CV-89-00727-HMF. Harold M. Fong, District Judge, Presiding

Before: Goodwin, D.w. Nelson, and Reinhardt, Circuit Judges.

MEMORANDUM

Elizabeth E. Johns appeals pro se the district court's dismissal of her case for lack of subject matter jurisdiction. We review de novo the existence of subject matter jurisdiction. Peter Starr Prod. Co. v. Twin Continental Films, Inc., 783 F.2d 1440, 1442 (9th Cir. 1986). We affirm.

Johns brought her action in district court asserting diversity jurisdiction under 28 U.S.C. § 1332. In her complaint, Johns asserted that the defendants failed to comply with the conditions of $50,000 mortgage note by refusing to pay her $7.14 with interest from May 2, 1977, $507.14 with interest from July 2, 1989, and $25,322.59 with interest from April 2, 1986. The district court found that Johns had failed to establish that the amount in controversy exceeded $50,000 the amount established under section 1332 for diversity jurisdiction and dismissed the case.

Section 1332 provides that the district courts shall have jurisdiction in civil actions where the amount in controversy exceeds $50,000 exclusive of interest and costs, and is between citizens of different states. See 28 U.S.C. § 1332. The party seeking to invoke the jurisdiction of the federal courts has the burden of proving that the jurisdictional amount has been met. See Horton v. Liberty Mutual Ins. Co., 367 U.S. 348, 355 (1961) (amount in controversy is decided from the complaint itself).

Here, Johns's complaint failed to establish that the amount in controversy exceeded $50,000.*fn1 Accordingly, the district court properly dismissed Johns's action for failure to establish diversity jurisdiction.*fn2

AFFIRMED.

Disposition

AFFIRME ...


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