Joseph Enrique Soto et al v. County of San Bernardino et al
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson remanding case to San Bernardino County Superior Court, Case number CIVDS1702815. Case Terminated. Made JS-6. (See document for details) (mrgo)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
ED CV 17-2182 PA (KKx)
Joseph Enrique Soto, et al. v. County of San Bernardino, et al.
Present: The Honorable
February 6, 2018
PERCY ANDERSON, UNITED STATES DISTRICT JUDGE
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
IN CHAMBERS – COURT ORDER
Before the Court is a Stipulation to Dismiss the Third, Fifth, and Ninth Causes of Action.
(Docket No. 18.) Plaintiffs Joseph Enrique Soto and Bertha Ellan Soto (“Plaintiffs”) have agreed to the
dismissal, with prejudice, of their federal claims brought pursuant to 42 U.S.C. § 1983 and under City of
Canton v. Harris, 489 U.S. 378, 388, 109 S. Ct. 1197, 1204, 103 L. Ed. 2d 412 (1989), and Monell v.
New York City Dep’t of Soc. Servs., 436 U.S. 658, 690, 98 S. Ct. 2018, 2036, 56 L. Ed. 2d 611 (1978).
These claims were the sole basis for the Court’s subject matter jurisdiction asserted in defendants’
Notice of Removal. The Court has supplemental jurisdiction over Plaintiffs’ 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.”
Here, Plaintiffs have dismissed the only claims over which the Court had original jurisdiction.
Accordingly, the Court declines to exercise supplemental jurisdiction over Plaintiffs’ state law claims.
See 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 (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 San Bernardino County Superior Court, Case No. CIVDS1702815. See 28 U.S.C.
§ 1447(c). The further Scheduling Conference set for February 12, 2018, is vacated.
IT IS SO ORDERED.
CIVIL MINUTES - GENERAL
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