Failure to Allege a Short and Plain Statement of a Claim is Fatal to Suit
Post 5095
Even a Pro Se Plaintiff Must Allege Subject Matter Jurisdiction
See the full video at https://lnkd.in/g2Wqs2-b and at https://lnkd.in/gEWNcEzw, and at https://zalma.com/blog plus more than 5050 posts.
In Jordan C. Kimball v. State Of California, et al., No. 2:25-cv-00363-DJC-CSK, United States District Court, E.D. California (May 27, 2025) Plaintiff Jordan C. Kimball acting as his own lawyer seeking leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. For the reasons that follow, the Court recommends Plaintiff’s IFP application be denied, and the Complaint be dismissed without leave to amend.
THE COMPLAINT
Plaintiff brings this action against Defendants State of California and Sacramento District Attorney’s Office. Plaintiff states the basis for jurisdiction is federal question based on the multiple federal statutes. Plaintiff alleges that from August 29, 2017 to January 15, 2025, he has been “subjected to police brutality and obstruction of justice, including but not limited to suppression of evidence, wrongful denial of Plaintiff’s claims and intentional misconduct by law enforcement and prosecuting authorities.” Plaintiff seeks $60 million in damages and “demands the initiation of criminal proceedings against the individuals [for] conspiracy, fraud and attempted murder.”
MOTION TO PROCEED IN FORMA PAUPERIS
One need not be absolutely destitute to obtain benefits of the in forma pauperis statute. Nonetheless, a party seeking IFP status must allege poverty with some particularity, definiteness and certainty.
Plaintiff has made the required showing. The Magistrate recommended that Plaintiff’s IFP application be denied because the action is facially frivolous and without merit because it fails to state a claim and lacks subject matter jurisdiction. Because it appears from the face of the Complaint that this action is frivolous.
DISCUSSION
Subject Matter Jurisdiction
The Court lacks subject matter jurisdiction over this action. Federal courts are courts of limited jurisdiction and may hear only those cases authorized by federal law. Without jurisdiction, the district court cannot decide the merits of a case or order any relief and must dismiss the case. A federal court’s jurisdiction may be established in one of two ways: actions arising under federal law or those between citizens of different states in which the alleged damages exceed $75,000.
The Complaint fails to establish the Court’s subject matter jurisdiction. The Complaint states no basis for federal court jurisdiction, and none is apparent. In light of the recommendation to dismiss Plaintiff’s federal claims, the Court recommends declining to exercise supplemental jurisdiction over the remaining state law claim alleged under California Civil Procedure §§ 377.60 and 377.62 for wrongful death. A court may decline to exercise supplemental jurisdiction over state law claims if it has dismissed all claims over which it has original jurisdiction.
Federal Rule of Civil Procedure 8
Plaintiff’s Complaint does not contain, as required by Federal Rule of Civil Procedure 8, a claim that provides subject matter jurisdiction because it does not give fair notice and state the elements of a claim plainly and succinctly.
Leave to Amend
In considering whether leave to amend should be granted, the Court finds that the Complaint is without merit because it fails to state a claim and lacks subject matter jurisdiction.
CONCLUSION
Based upon the findings above, it is RECOMMENDED that:
1. Plaintiff’s motion to proceed in forma pauperis be DENIED;
2. Plaintiff’s Complaint be DISMISSED without leave to amend; and
3. The Clerk of the Court be directed to CLOSE this case.
ZALMA OPINION
Courts usually bend over backwards to help a pro se plaintiff to avail himself of the court’s process, but their kindness is not without limit. The allegations were found by the Magistrate to be frivolous and that failure defeated the claim for failure to allege subject matter jurisdiction to the court.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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The Professional Claims Handler
Post 5218
Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-8-barry-zalma-esq-cfe-zdwsc, see the full video at https://rumble.com/v70zl4s-the-zalma-philosophy-of-claims-handling-part-8.html and at https://youtu.be/MIYcF71ffRQ, and at https://zalma.com/blog plus more than 5200 posts.
Claims Commandment X – Thou Shall Not Pretend to be a Lawyer
Some experienced and professional claims people know the law in their area of expertise better than most lawyers.
Adjusters should be adjusters and leave lawyering to lawyers. Similarly, lawyers should be lawyers and never try to be adjusters.
Claims Commandment XI – Thou Shall Empathize With the Claimant
Everyone presenting a claim is unhappy, disturbed, shocked, injured and needs help.
Empathy is identification with and understanding of another’s situation, feelings, and motives. It is the ability to understand another person’s circumstances, point of view, thoughts, and feelings....
HOW TO CREATE AN EXCELLENCE IN CLAIMS HANDLING PROGRAM
See the full video at https://rumble.com/v70wb2i-the-zalma-philosophy-of-claims-handling-part-6.html and at https://youtu.be/tL5nDKPEs40 and at https://zalma.com/blog plus more than 5200 posts.
Post 5217
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry.
An Excellence in Claims Handling program begins with a statement in the insurer’s claims manual or statement of professionalism that it is dedicated to providing excellence in claims handling to every insured who presents a claim.
The excellence in claims handling program should include, at a minimum:
A series of lectures supported by text materials explaining:
A definition of insurance.
How to read and understand an insurance policy.
How to interview an insured, witness, or claimant.
How to assist an insured in the insured’s obligation to ...
The Professional Claims Handler
Post 5216
Read the full article at https://www.linkedin.com/pulse/zalma-philosophy-claims-handling-part-5-barry-zalma-esq-cfe-jde8c, see the full video at https://rumble.com/v70q4x8-the-zalma-philosophy-of-claims-handling-part-5.html and at https://youtu.be/6b9tZQsEkB4, and at https://zalma.com/blog plus more than 5200 posts.
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry.
Standards to be a Professional Claims Adjuster
The Insurance claims professional should be a person who:
1. Can read and understand the insurance policies issued by the insurer.
2. Understands the promises made by the policy.
3. Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
4. Are competent investigators.
5. Have empathy and recognize the difference between empathy and sympathy.
6. ...
The Professional Claims Handler
Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
