Orlando Garcia v. Oxnard Inn, LLC et al

Filing 25

MINUTES (IN CHAMBERS) ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION AND REMANDING TO VENTURA COUNTY SUPERIOR COURT by Judge John F. Walter. In light of the fact that Plaintiff's Americans with Disabilities Act, the only claim over which this Court has original jurisdiction, has been dismissed, and after considering judicial economy, convenience, fairness, and comity, the Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims and REMANDS this action to Ventura County Superior Court. Case Terminated. Made JS-6 (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES -- GENERAL
Case No.

CV 21-2055-JFW(JEMx)

Title:

Orlando Garcia -v- Oxnard Inn, LLC, et al.

Date: April 26, 2021

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

ORDER DECLINING TO EXERCISE SUPPLEMENTAL
JURISDICTION AND REMANDING TO VENTURA
COUNTY SUPERIOR COURT

In Plaintiff's Notice of Dropping the Federal Cause of Action, filed April 23, 2021 (Docket No.
24), Plaintiff states that he has filed a First Amended Complaint and “[d]ropped the only federal
cause of action, i.e., the cause of action under the Americans with Disabilities Act.” Indeed,
Plaintiff’s First Amended Complaint, filed April 23, 2021 (Docket No. 23), only alleges claims for
violation of the Unruh Civil Rights Act and violation of California Business & Professions Code §§
17200, et seq.
“[A] federal court should consider and weigh in each case, and at every stage of the
litigation, the values of judicial economy, convenience, fairness, and comity in order to decide
whether to exercise jurisdiction over a case brought in that court involving pendent state-law
claims.” Carnegie–Mellon University v. Cohill, 484 U.S. 343, 350 (1988). “‘[I]n the usual case in
which all federal-law claims are eliminated before trial, the balance of factors to be considered
under the pendent jurisdiction doctrine – judicial economy, convenience, fairness, and comity – will
point toward declining to exercise jurisdiction over the remaining state law claims.’” Satey v.
JPMorgan Chase & Co., 521 F.3d 1087, 1091 (9th Cir. 2008) (quoting Carnegie-Mellon Univ. v.
Cohill, 484 U.S. 343, 351 (1988)); see also 28 U.S.C. § 1367(c).
In light of the fact that Plaintiff’s Americans with Disabilities Act, the only claim over which
this Court has original jurisdiction, has been dismissed, and after considering judicial economy,
convenience, fairness, and comity, the Court declines to exercise supplemental jurisdiction over
Plaintiff’s remaining state law claims and REMANDS this action to Ventura County Superior Court.
IT IS SO ORDERED.
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