Jiang v. NBCUIVERSAL Media, LLC

CourtDistrict Court, N.D. California
DecidedJanuary 17, 2025
Docket3:21-cv-01293
StatusUnknown

This text of Jiang v. NBCUIVERSAL Media, LLC (Jiang v. NBCUIVERSAL Media, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jiang v. NBCUIVERSAL Media, LLC, (N.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 BAITING JIANG, et al., Case No. 21-cv-01293-LB

12 Plaintiffs, ORDER ADDRESSING MOTION TO DISMISS 13 v. Re: ECF No. 150 14 KNTV TELEVISION LLC, et al., 15 Defendants. 16 17 INTRODUCTION 18 This lawsuit arises from news reports by KNTV Television LLC (branded on air and on its 19 website as NBC Bay Area) about a dispute involving plaintiff Baiting Jiang, her former landlord, 20 and members of the landlord’s family involving claims of harassment and restraining orders, all 21 during the COVID-19 pandemic. The case started with Ms. Jiang’s single claim of defamation and 22 now involves more than forty claims and her attempt to include her mother, Lanjiao Qin, as a 23 plaintiff. Both plaintiffs are representing themselves and proceeding in forma pauperis. Ms. 24 Jiang’s lawsuit has no merit: at its core, she complains about defamation, a claim that fails as a 25 matter of law because KNTV’s reporting about official records and proceedings is privileged. Her 26 other claims are derivative of this claim and fail too. Putative plaintiff Lanjiao Qin lacks standing. 27 Procedurally, Ms. Jiang and the defendant consented to magistrate-judge jurisdiction. Ms. 1 case, Ms. Jiang added her mother, who declined magistrate-judge jurisdiction. Even though she 2 declined, under the statute and the Northern District’s operating procedures for those proceeding 3 in forma pauperis, the court must screen Ms. Qin’s complaint for minimal legal viability. 28 4 U.S.C. § 1915(e)(2)(B). Because she has no standing for her claims, the court will sever her case 5 and issue a report and recommendation – attaching this order as support — to dismiss her case for 6 lack of jurisdiction. Then, the court will dismiss the claims with prejudice and enter judgment in 7 favor of the defendants. 8 STATEMENT 9 1. The News Reports 10 NBC Bay Area reporters issued three news reports in October and November 2020 about 11 eviction proceedings brought by Ms. Jiang’s former landlord against her. In the reports, Ms. Jiang 12 disputes her former landlord’s allegations that she threatened and harassed the landlord’s family. 13 The reports also discuss the effect of the pandemic on landlords and tenants in the Bay Area.1 14 Public records confirm that that during this tenant-landlord dispute, Ms. Jiang filed six civil- 15 harassment/restraining-order actions against the landlord and his family members. The landlord 16 also filed a civil-harassment/restraining-order action against Ms. Jiang.2 17 18 19 20 21 22 23 1 Reports, Exs. A–C (filed manually); Trs., Exs. A-3, B-3, & C-3 to Burns Decl. – ECF Nos. 150-4, 150-7, & 150-10. Citations refer to the Electronic Case File (ECF); pinpoint citations are to the ECF- 24 generated page numbers at the top of documents. 2 Public Records, Exs. D-J to Burns Decl. – ECF Nos. 150-11–150-17. The court judicially notices the 25 documents and the other documents referenced in the defendant’s request for judicial notice. Req. for Judicial Notice – ECF No. 150-2. Generally, the court does not consider material beyond the pleadings 26 in ruling on a motion to dismiss. United States v. Corinthian Colleges, 655 F.3d 984, 998-99 (9th Cir. 2011). But the complaint refers to websites with the reports. The court thus considers them under the 27 incorporation-by-reference doctrine. Knievel v. ESPN, 393 F.3d 1068, 1076 (9th Cir. 2005).The public 1 2. Procedural History 2 The court held in an earlier order that there was no diversity of parties.3 Then, KTVN moved 3 to dismiss the plaintiff’s subsequent appeal because in fact there was diversity.4 After remand, Ms. 4 Jiang asked many times to extend the filing date of her amended complaint and missed many 5 deadlines.5 Ultimately, the court allowed Ms. Jiang’s January 2, 2024, late filing of a roughly 150- 6 page complaint (spread over three docket entries).6 That complaint added Ms. Jiang’s mother as a 7 plaintiff for the first time. It has over forty claims, including those that are nonsensical: e.g., a 8 violation of Ms. Jiang’s rights to education and marriage, the right to bear arms, protection from 9 cruel and unusual punishment, tax evasion, and whistleblower protection.7 The complaint 10 demands $50 billion and permanent injunctive relief.8 The complaint has other problems, as the 11 court summarized in an earlier order: 12 First, Ms. Jiang put a lawyer’s name — Qin Li – on the caption (with an address and telephone number) and on the signature page. The lawyer’s signature does not 13 appear, but after Ms. Jiang’s electronically generated signature, Ms. Jiang typed “[r]epresented by attorney Qin Li.” The complaint spans three docket filings, totals 14 143 pages, and was written by Ms. Jiang. Whether intentional or not, this is a 15 misrepresentation that Ms. Jiang has a lawyer because Mr. Li has not appeared. It seems unlikely, given his law practice, that he will. 16 Second, from the complaint (at least through a preliminary perusal), the court 17 cannot tell why Ms. Qin is in the lawsuit. She can be in the lawsuit only if she suffered injury. Injury to her daughter, Ms. Jiang, is not enough. 18 “The ‘irreducible constitutional minimum’ of standing consists of three elements.” 19 Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)). “The plaintiff must have (1) suffered an injury 20 in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision.” Id. (citing Lujan, 21 504 U.S. at 560). Article III requires “a causal connection between the injury and the conduct complained of — the injury has to be fairly traceable to the challenged 22 action of the defendant.” Lujan, 504 U.S. at 560–61. “The plaintiff, as the party 23

24 3 Order – ECF No. 48. 25 4 Order – ECF No. 70. 26 5 See, e.g., ECF Nos 90, 92, 94, 97, 99, 107, 114, 115, 120, 121, and 124. 6 First Am. Compl. – ECF Nos. 129, 129-1, 129-2. 27 7 Id. – ECF Nos. 129-1 at 18–50 & 129-2 at 1–43 (pp. 68–143). invoking federal jurisdiction, bears the burden of establishing these elements.” Spokeo, 1 578 U.S. at 338. 2 Without injury, Ms. Qin lacks standing. Warth v. Seldin, 422 U.S. 490, 502 (1975) (“[]petitioners must allege and show that they personally have been injured, not that 3 injury has been suffered by other, unidentified members . . . which they purport to 4 represent”). The complaint does not identify the injury that she suffered from the events underlying the lawsuit. 5 Third, Ms. Jiang’s assistance of her mother, Ms. Jiang’s statement that she is a foreign 6 attorney with an email of tinglaw218@gmail.com, Ms. Qin’s electronically generated signature, and the lack of required forms suggest that Ms. Jiang purports to represent her 7 mother and create uncertainty that Ms. Qin agreed to join the lawsuit. Ms. Jiang can represent herself, but she cannot represent another person. United States ex rel. Welch v. 8 My Left Foot Children’s Therapy, LLC, 871 F.3d 791, 800 n.2 (9th Cir. 2017) (quoting 9 Stoner v. Santa Clara Cnty. Office of Educ., 502 F.3d 1116, 1126 (9th Cir. 2007)).9 10 Mr. Li never appeared in the case.10 The defendant then filed its motion to dismiss.11 Ms. Jiang 11 filed many oppositions.12 The court ultimately ordered her to stop filing oppositions.13 Ms. Jiang 12 briefly retained a lawyer, who ultimately was barred from practicing in the Northern District.14 13 Ms.

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Bluebook (online)
Jiang v. NBCUIVERSAL Media, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jiang-v-nbcuiversal-media-llc-cand-2025.