(PS) Jutla v. Redfin Corporation

United States District Court for the Eastern District of California

(PS) Jutla v. Redfin Corporation

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAJNINDER (RAVEN) JUTLA and IN No. 2:24-cv-0984 KJM AC LOVE PROPERTIES LLC 12 (REGISTERED IN WASHINGTON), 13 Plaintiffs, ORDER 14 v. 15 REDFIN CORPORATION, a Delaware Corporation, 16 Defendants. 17 18 Plaintiff, who is proceeding in pro se, has filed an application to proceed in forma 19 pauperis pursuant to

28 U.S.C. § 1915

. ECF No. 2. The federal venue statute provides that a 20 civil action “may be brought in (1) a judicial district in which any defendant resides, if all 21 defendants are residents of the State in which the district is located, (2) a judicial district in which 22 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 23 of property that is the subject of the action is situated, or (3) if there is no district in which an 24 action may otherwise be brought as provided in this action, any judicial district in which any 25 defendant is subject to the court’s personal jurisdiction with respect to such action.”

28 U.S.C. § 26

1391(b). 27 In this case, plaintiff asserts she is a citizen of Tracy, California and defendant is a citizen 28 of Seattle, Washington. ECF No. 1 at 6. However, plaintiff provided the court with a Vancouver, 1 | Washington, address for herself. ECF No. 1 at 1. Plaintiff’s complaint is premised on the sale of 2 || aproperty located in Seattle, Washington. The complaint states that plaintiff “was coerced on 3 || two sale attempts of the same home by the same agent . . . to offer the Buyer’s Agent a 4 | commission of 4.5% of a custom home in a desirable (sells itself) neighborhood in Seattle.” ECF 5 || No. 1 Both Vancouver and Seattle are located within the Western District of Washington. 6 || The complaint also mentions the purchase of a home in Bay Point, California, which is in Contra 7 || Costa County, within the Northern District of California. 8 Because defendant is in the Western District of Washington and the complaint is centered 9 || on properties located and transactions occurring within the Western District of Washington, 10 | plaintiffs claim should have been filed in the United States District Court for the Western District 11 || of Washington. In the interest of justice, a federal court may transfer a complaint filed in the 12 || wrong district to the correct district. See

28 U.S.C. § 1406

(a); Starnes v. McGuire,

512 F.2d 918

, 13 | 932 (D.C. Cir. 1974). 14 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 15 || States District Court for the Western District of Washington. 16 | DATED: April 4, 2024 ~ 17 Atlun—Clone ALLISON CLAIRE 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28

Reference

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