Opinion

Firsov v. Alaska Airlines

Court
District Court, N.D. California
Filed
Apr 18, 2025
Cited by
0 cases
Authority
More cited than 34.9%

“The party who brings the suit is 23 master to decide what law he will rely upon”

How later courts described this case

  • “The party who brings the suit is 23 master to decide what law he will rely upon”

Written by the judges who cited it.

The opinion

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6 UNITED STATES DISTRICT COURT

7 NORTHERN DISTRICT OF CALIFORNIA

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9 SERGEY FIRSOV,

Case No. 25-cv-02841 NC

10 Plaintiff,

ORDER TO SHOW CAUSE RE:

11 v. FEDERAL SUBJECT MATTER

JURISDICTION

12 ALASKA AIRLINES, INC.,

RE: ECF 1

13 Defendant.

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15 In this civil case, Plaintiff Sergey Firsov seeks reimbursement of a $100 pet fee he

16 paid to defendant Alaska Airlines in connection with a multi-leg international airplane trip

17 he took in March 2025. ECF 1 (Complaint). The Alaska Airlines flight, from Los Angeles

18 to San Jose, was the last leg of the trip. ECF 1. The Complaint asserts two causes of

19 action: (1) “Montreal Convention”; and (2) breach of contract. Firsov pursues his case

20 without an attorney.

21 In an earlier Order the Court denied Firsov’s application to proceed without paying

22 the Court filing fee. ECF 6. A further hearing on Firsov’s fee waiver application is set for

23 April 23, 2025, at 11:00 a.m. in San Jose courtroom number 5.

24 This Order discusses a second procedural hurdle for Firsov’s case: federal subject

25 matter jurisdiction. Federal law requires the Court to ensure it has subject matter

26 jurisdiction before it hears the case, even if the parties do not raise the issue. Here, as

27 explained further below, it does not appear that the allegations in the Complaint are

1 address this by filing a first amended complaint (or, if he believes the Court’s analysis to

2 be incorrect, by filing supplemental briefing) by May 16, 2025.

3 “Federal courts are courts of limited jurisdiction.” Kokkonen v. Guardian Life Ins.

4 Co. of Am., 511 U.S. 375, 377 (1994). A federal court has an independent duty to

5 determine whether it has subject matter jurisdiction over a case. Arbaugh v. Y&H Corp.,

6 546 U.S. 500, 514 (2006). The parties cannot waive or forfeit this requirement. Id. The

7 party bringing the case in federal court (here, Plaintiff Firsov) has the responsibility of

8 proving that there is subject matter jurisdiction. See Leite v. Crane Co., 749 F.3d 1117,

9 1121 (9th Cir. 2014). If a federal court determines that it does not have subject matter

10 jurisdiction, it must dismiss the case. Fed. R. Civ. P. 12(h)(3); Brooks v. Geico Ins., No.

11 23-cv-05085 RFL, 2023 WL 8852738, at *1 (N.D. Cal. Dec. 21, 2023).

12 There are two common ways to establish federal subject matter jurisdiction under

13 statute: (1) diversity jurisdiction, 28 U.S.C. § 1332, and (2) federal question jurisdiction,

14 28 U.S.C. § 1331. In this case, Firsov’s Complaint indicates that subject matter jurisdiction

15 is satisfied by a federal question. ECF 1. “Federal district courts have original federal

16 question jurisdiction of actions ‘arising under the Constitution, laws, or treaties of the

17 United States.’” Sullivan v. First Affiliated Securities, Inc., 813 F.2d 1368, 1371 (9th Cir.)

18 (quoting 28 U.S.C. § 1331). Generally, under the “well-pleaded complaint rule,” a claim

19 “arises under” federal law only if a federal question appears on the face of Plaintiff's

20 complaint. See ARCO Environmental Remediation, L.L.C. v. Department of Health &

21 Environmental Quality of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000); see also

22 Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987) (“The party who brings the suit is

23 master to decide what law he will rely upon”); Franchise Tax Board v. Construction

24 Laborers Vacation Trust for Southern California, 463 U.S. 1, 27-28, (1983) (“federal

25 courts have jurisdiction to hear, originally or by removal, only those cases in which a well-

26 pleaded complaint establishes either that federal law creates the cause of action or that the

27 plaintiff's right to relief necessarily depends on resolution of a substantial question of

1 The specific “federal question” that Firsov asserts is under the Montreal

2 || Convention, Article 1, Paragraph 3. ECF 1. The “Montreal Convention” is an

3 || international treaty also known as the Convention for the Unification of Certain Rules for

4 International Carriage by Air, May 28, 1999, S. Treaty Doc. No. 106-45 (2000), 1999 WL

5 || 33292734 (2000); see Nankin v. Continental Airlines, Inc., No. 09-cv-7861 MMM (RZx),

6 2010 WL 342632, at *3 (C.D. Cal. Jan. 29, 2010). Article I, Paragraph 3 of the Montreal

7 || Convention provides that “This paragraph establishes that carriage to be performed by

8 several successive carriers (i.e., inter-line operations), even if performed under multiple

9 || contracts (tickets or air waybills), is treated as undivided carriage if the carrier and the

10 || passenger or consignor considered it as such. Therefore, if in international carriage, even a

11 |} segment performed exclusively within the same State would fall within the scope of the

12 |} Convention.” But what Firsov’s complaint does not explain is how the failure to

13 || reimburse a $100 pet fee by Alaska Airlines violates the Montreal Convention. In his

14 || second claim, Firsov asserts that the Montreal Convention requires Alaska to “accept dog

15 |} in cabin without any charge” but does not explain where the Montreal Convention creates

Z 16 |} this right and gives him a remedy for the alleged violation.

5 17 In conclusion, Plaintiff Firsov is ordered to file a first amended complaint or a

5 18 || writing explaining how federal subject matter is satisfied. The first amended complaint or

19 || written response to this Order must be filed by May 16, 2025. Firsov is cautioned that if

20 || he does not timely respond the Court will recommend the dismissal of his case. Firsov is

21 || guided to the free legal resources available for self-represented litigants at the Federal Pro

22 || Se Help Desk, telephone 408.297.1480.

23 IT IS SO ORDERED.

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25 || Dated: April 18, 2025

NATHANAEL M. COUSINS

26 United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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