Joseph v. Office of the Consulate General of Nigeria

Catherine Joseph (plaintiff) leased a house in San Francisco, California, to the Consulate General of Nigeria for use by consulate employees. At the end of the lease, and after consulate employee A.A. Olalandu vacated the house, Joseph discovered severe damage and missing property. The lease provided that the prevailing party in any action related to the lease was entitled to attorney’s fees as determined by the court. Joseph sued the Federal Republic of Nigeria, the consulate (collectively, the consulate), and Olalandu (collectively, defendants) in district court for breach of contract, conversion, trespass, and waste. The district court held that it had jurisdiction over the tort claims pursuant to the tortious-activity exception of the Foreign Sovereign Immunity Act (FSIA). The district court also held that the consulate was immune from suit on the breach-of-contract claim, finding no waiver or commercial-activity exceptions under the FSIA. Finally, the district court held that Olalandu did not have consular immunity under Article 43 of the Vienna Convention on Consular Relations (Vienna Convention), which granted immunity to consular employees exercising consular functions. Article 5 of the Vienna Convention defined “consular function” to include “functions entrusted to a consular post” by the sovereign state. All parties appealed.