Gabriel Cabrera v. City of Los Angeles et al

Filing 20

(IN CHAMBERS) COURT ORDER REMANDING CASE TO SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, Case number BC642250 by Judge Percy Anderson: The Court remands this action to Los Angeles Superior Court, Case No. BC642250. The Court cautions plaintif f that if he were to attempt to reassert his federal claims in the state court proceedings, defendants may attempt to again remove the action to this Court. IT IS SO ORDERED. Please refer to the Court's order for specifics. (Case Terminated. Made JS-6.) (cr)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-3606 PA (KSx)

Title

Gabriel Cabrera v. City of Los Angeles, et al.

Present: The Honorable

Date

June 7, 2017

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

V.R. Vallery

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS – COURT ORDER

Before the Court is plaintiff Gabriel Cabrera’s Request for Dismissal of All Federal
Claims. Plaintiff has filed the request in response to the Court’s May 18, 2017 minute order and
the discussion that occurred during the June 5, 2017 status conference, when the Court stated
that if plaintiff wished to pursue his claim in the Los Angeles Superior Court, where he filed his
action and it was pending until defendants filed their Notice of Removal, plaintiff could elect to
dismiss his federal claims and the Court would decline to exercise supplemental jurisdiction over
his state law claims, and remand the action to Los Angeles Superior Court. The Court vacates
its June 2, 2017 order dismissing plaintiff’s RICO claim with prejudice.
Pursuant to plaintiff’s Request for Dismissal of All Federal Claims, the Court dismisses
the federal claims alleged in plaintiff’s First Amended Complaint without prejudice. The Court
has supplemental jurisdiction over Plaintiff’s remaining state law claims under 28 U.S.C.
§ 1367(a). Once supplemental jurisdiction has been established under § 1367(a), a district court
“can decline to assert supplemental jurisdiction over a pendant claim only if one of the four
categories specifically enumerated in section 1367(c) applies.” Exec. Software v. U.S. Dist.
Court for the Cent. Dist. of Cal., 24 F.3d 1545, 1555–56 (9th Cir. 1994). The Court may decline
supplemental jurisdiction under § 1367(c) if: “(1) the claim raises a novel or complex issue of
State law, (2) the claim substantially predominates over the claim or claims over which the
district court has original jurisdiction, (3) the district court dismissed all claims over which it has
original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for
declining jurisdiction.”
By filing the Request for Dismissal of All Federal Claims, plaintiff has consented to the
dismissal of the only claims over which the Court has original jurisdiction. Accordingly, the
Court dismisses the federal claims without prejudice and declines to exercise supplemental
jurisdiction over plaintiff’s state law claims. See 28 U.S.C. § 1367(c)(3). The Court further
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-3606 PA (KSx)

Date

Title

June 7, 2017

Gabriel Cabrera v. City of Los Angeles, et al.

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 (9th
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. BC642250. The Court cautions plaintiff that if he were to attempt to
reassert his federal claims in the state court proceedings, defendants may attempt to again
remove the action to this Court.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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