Thien An Vo v. Barry
Docket: No. 04-17466
Court: Court of Appeals for the Ninth Circuit; December 11, 2005; Federal Appellate Court
Thien An Vo appeals pro se the district court's dismissal of her breach of trust action against Ann Barry, the successor trustee of the To Thi Dien trust, on the grounds of lack of subject matter jurisdiction. The jurisdiction is affirmed under 28 U.S.C. § 1291, with a de novo review standard applied. The district court's dismissal is upheld because Vo did not provide evidence that the damages related to GGS Publications or her emotional distress exceeded the requisite $75,000 threshold for diversity jurisdiction as mandated by 28 U.S.C. § 1332. The burden to prove this amount falls on the party asserting diversity jurisdiction, which Vo failed to meet. Other arguments presented by Vo were found to lack merit. The decision is affirmed, and the memorandum is designated as not suitable for publication and cannot be cited in future cases, per 9th Cir. R. 36-3.