Maurice Heffernan et al v. Nationstar Mortgage et al

Filing 44

MINUTE (IN CHAMBERS) ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION AND REMANDING TO SANTA BARBARA SUPERIOR COURT by Judge John F. Walter. This action is hereby REMANDED to Santa Barbara Superior Court. Case Terminated. Made JS-6 (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES -- GENERAL
Case No.

CV 24-2387-JFW(RAOx)

Title:

Maurice Heffernan, et al. -v- Nationstar Mortgage, et al.

Date: May 8, 2024

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 SANTA
BARBARA SUPERIOR COURT

On February 20, 2024, Plaintiffs Maurice Heffernan and Susan Heffernan (collectively,
“Plaintiffs”) filed a Complaint in Santa Barbara Superior Court. On March 22, 2024, Defendant
Specialized Loan Servicing LLC removed this action to this Court, alleging that this Court has
subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because Plaintiffs’ eleventh cause of
action alleged a violation of Regulation X, codified at 12 C.F.R. 1026.40, et seq., and Plaintiffs’
thirteenth cause of action alleged a violation of the Racketeer Influenced and Corrupt
Organizations Act, codified at 18 U.S.C. §§ 1961-68. Notice of Removal (Docket No. 1), ¶ 12. On
April 23, 2024, Plaintiffs filed a First Amended Complaint (“FAC”), which dismissed all of the
federal claims Plaintiffs had alleged in their original Complaint. As a result, Plaintiffs’ FAC only
contains state law claims.
In light of the fact that Plaintiffs have dismissed the only claims over which this Court has
original jurisdiction, and after considering judicial economy, convenience, fairness, and comity, the
Court declines to exercise supplemental jurisdiction over Plaintiffs’ remaining claims. See 28
U.S.C. § 1367(c); 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)) (“‘[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.’”). Accordingly, this
action is hereby REMANDED to Santa Barbara Superior Court.
IT IS SO ORDERED.

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