Fadhliah v. Société Air France

987 F. Supp. 2d 1057, 2013 WL 6571601
CourtDistrict Court, C.D. California
DecidedOctober 1, 2013
DocketCase No. 2:13-cv-06142-ODW (AJWx)
StatusPublished
Cited by8 cases

This text of 987 F. Supp. 2d 1057 (Fadhliah v. Société Air France) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fadhliah v. Société Air France, 987 F. Supp. 2d 1057, 2013 WL 6571601 (C.D. Cal. 2013).

Opinion

ORDER DISCHARGING ORDER TO SHOW CAUSE RE. LACK OF SUBJECT-MATTER JURISDICTION [6] AND GRANTING DEFENDANT’S MOTION TO DISMISS [7]

OTIS D. WRIGHT, II, District Judge.

I. INTRODUCTION

On August 27, 2013, the Court ordered Defendant Société Air France to show cause why this case should not be dismissed for lack of subject-matter jurisdiction. (ECF No. 6.) The Court questioned whether it had federal-question jurisdiction over this case under 28 U.S.C. § 1331. Air France contends that Plaintiffs’ purely state-law claims arise under the Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, S. Treaty Doc. No. 106-45, 2242 U.N.T.S. 309 [hereinafter Montreal Convention]. (Not. of Removal ¶ 2.) On August 28, 2013, Air France moved to dismiss this case, asserting that no court in the United States is a proper jurisdiction to hear this case under the Montreal Convention’s venue provisions. After reviewing Air France’s response and the relevant case law, the Court determines that it has federal-question jurisdiction under the complete-preemption doctrine and DISCHARGES the Order to Show Cause. The Court also finds that no court in the United States may properly hear Plaintiffs’ case and consequently GRANTS Air France’s Motion to Dismiss.1

II. FACTUAL BACKGROUND

Plaintiffs Sarah Fadhliah, Aljoharah Al-shaikh, and Mansour Alshaikh are Saudi Arabian citizens. (Compl. ¶ 2.) Plaintiffs Alanoud, Sultan, and Abdullah Alshaikh are Fadhliah’s minor children. (Id. ¶ 5.) Air France is a corporation organized under the laws of France. (Perez Decl. ¶ 16.) The airline has its principal place of business and headquarters in Tremblay-enFrance, France. (Id.)

Fadhliah, Aljoharah, Alanoud, Sultan, and Abdullah’s tickets provided for transportation originating and terminating in [1060]*1060Riyadh, Saudi Arabia, with agreed stops in Paris, France, and Los Angeles, California. (Id. ¶¶ 9, 10, 12, 13, 14.) Mansour’s ticket provided for a flight from Los Angeles to Riyadh with an agreed stop in Paris. (Id. ¶ 11.) Plaintiffs purchased their tickets through “Arabian Compan. For Traveller Svcs Ltd.,” a travel agency located in Riyadh. (Id. ¶¶ 9-14.)

On June 11, 2011, Plaintiffs boarded Air France flight number AF073 at Los Angeles International Airport for travel to Paris, France. (Id. ¶ 11.) Plaintiffs’ ultimate destination was Riyadh, Saudi Arabia. (Id.) Upon boarding, Fadhliah discovered that another passenger had allegedly occupied the seat assigned to Sultan.2 (Id. ¶ 12.) Fadhliah asked a flight attendant to assist in resolving the issue. (Id.)

Chief Steward Rudolph van der Schraaf then approached Fadhliah and allegedly demanded that Fadhliah’s family move to accommodate a French family that wanted to sit together. (Id. ¶ 13.) When Fadhliah asked van der Schraaf whether the seats assigned to her family on their boarding passes were correct, van der Schraaf allegedly grabbed Fadhliah by the arm to physically move her. (Id. ¶ 14.)

Van der Schraaf also allegedly demanded that Fadhliah move two-year-old Abdullah to another seat. (Id. ¶ 14.) When no one moved Abdullah, van der Schraaf allegedly unbuckled the boy and attempted to pick him up. (Id.)

During the affray, the aircraft’s captain, currently styled as Doe No. 1, allegedly shouted at several of the family members to “shut up and sit down.” (Id. ¶ 16.) Aljoharah then got up from her seat, and the captain shouted, “You, go back to your seat.” (Id. ¶ 17.) Van der Schraaf then allegedly pulled Aljoharah by the arm back to her seat. (Id. ¶ 18.)

Security personnel allegedly boarded the plane and forced the family to disembark. (Id. ¶ 19.) The captain allegedly followed the family through the jetway into the terminal, clapping at them to hurry along. (Id. ¶ 19.)

On June 10, 2013, Plaintiffs filed suit against Air France and van der Schraaf in Los Angeles County Superior Court, alleging state common-law claims for assault, battery, negligent hiring and supervision, and intentional infliction of emotional distress. (Not. of Removal Ex. A.) On August 21, 2013, Air France removed the case to this Court ostensibly under 28 U.S.C. § 1331, arguing that the Montreal Convention completely preempted Plaintiffs’ claims. (Id. ¶ 2.) On August 27, 2013, the Court issued an Order to Show Cause re. Lack of Subject-Matter Jurisdiction. (ECF No. 6.) The Court questioned whether the Convention operated as simply an affirmative defense or whether the complete-preemption doctrine applies. The next day, Air France moved to dismiss the case, asserting that venue was not proper in the United States under Article 33 of the Convention. (ECF No. 7.) The Order to Show Cause and Air France’s Motion are now before the Court for resolution.

III. LEGAL STANDARD

Federal courts are courts of limited jurisdiction, having subject-matter jurisdiction only over matters authorized by the Constitution and Congress. U.S. Const. art. III, § 2, cl. 1; e.g., Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). A defendant may remove a suit [1061]*1061filed in state court only if the federal court would have had original jurisdiction over the case. 28 U.S.C. § 1441(a). But courts strictly construe the removal statute against removal jurisdiction, and federal jurisdiction “must be rejected if there is any doubt as to the right of removal in the first instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir.1992). The party seeking removal bears the burden of establishing federal jurisdiction. Durham v. Lockheed Martin Corp., 445 F.3d 1247, 1252 (9th Cir.2006) (citing Gaus, 980 F.2d at 566). A party may bring a remand motion whenever it appears a matter is not properly before a federal court. 28 U.S.C. § 1447(c).

Generally, the well-pleaded-complaint rule governs whether a ease is removable. Franchise Tax Bd. of State of Cal. v. Constr. Laborers Vacation Trust for S. Cal., 463 U.S. 1, 27-28, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983). Under this rule, “it is now settled law that a case may not be removed to federal court on the basis of a federal defense, including the defense of pre-emption, even if the defense ’ is anticipated in the plaintiffs complaint, and even if both parties concede that the federal defense is the only question truly at issue.” Caterpillar Inc. v. Williams,

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Cite This Page — Counsel Stack

Bluebook (online)
987 F. Supp. 2d 1057, 2013 WL 6571601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fadhliah-v-societe-air-france-cacd-2013.