Daenesha Caldwell v. Wells Fargo Bank N A et al
| Daenesha Caldwell |
| Juan Melara, Does and Wells Fargo Bank N A |
| Paul Berkowitz |
| 2:2014cv07613 |
| October 1, 2014 |
| US District Court for the Central District of California |
| Percy Anderson |
| Frederick F. Mumm |
| Civil Rights: Jobs |
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Filing
14
IN CHAMBERS- COURT ORDER by Judge Percy Anderson. Plaintiff has dismissed the only claim over which the Court has original jurisdiction. Accordingly, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims. S ee 28 U.S.C. § 1367(c)(3). The Court further exercises its discretion to remand the action. See Albingia Versicherungs A.G. v. Schenker Int'l Inc., 344 F.3d 931, 938 (9th Cir. 2003); Harrell v. 20th Century Ins. Co., 934 F.2d 203, 205 (9t h Cir. 1991) ("[A] district court has discretion to remand a properly removed case to state court when none of the federal claims are remaining."). The Court remands this action to Los Angeles Superior Court, Case No. NC059660. See 28 U.S.C. § 1447(c). Defendants' Motion to Dismiss (Docket No. 8 ) and Plaintiff's Motion to Remand (Docket No. 11 ) are denied as moot. Case Terminated. Made JS-6. (jloz)
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Filing
10
IN CHAMBERS ORDER by Judge Percy Anderson. The Court orders Plaintiff to show cause in writing, no later than October 20, 2014, how Plaintiff has alleged a viable § 1983 claim. In response to this Order to Show Cause, Plaintiff may file a writ ten response, file a First Amended Complaint, or elect to dismiss her § 1983 claim. Should Plaintiff elect to dismiss her § 1983 claim, the Court would elect not to exercise supplemental jurisdiction over Plaintiff's remaining state law claims and remand the action to Los Angeles Superior Court. IT IS SO ORDERED. (jloz)
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