Chon, et al v. Downey Savings and Loan, et al

Filing 30

ORDER signed by Judge Morrison C. England, Jr on 3/7/11 ORDERING the Court remands the case to Superior Court of the State of California, County of Sacramento. Defendant's Motion to Dismiss 26 is DENIED as moot. The Clerk is directed to close the case. Copy of remand order sent to Superior Court. CASE CLOSED. (Becknal, R)

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Chon, et al v. Downey Savings and Loan, et al Doc. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 Presently before the Court is Defendant Central Mortgage Company's ("Defendant") Motion to Dismiss the Second Amended Complaint of Plaintiffs Chae and Yung Chon ("Plaintiffs") for failure to state a claim upon which relief may be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). As a ----oo0oo---v. DOWNEY SAVINGS and LOAN, et al., CHAE and YUNG CHON, Plaintiffs, MEMORANDUM AND ORDER No. 2:10-cv-00509-MCE-KJN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA matter of background, Defendant removed this action from the Superior Court of the State of California, County of Sacramento based upon federal question jurisdiction. However, Plaintiffs' Second Amended Complaint contains no federal causes of action. /// 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs' claims presently dismissed and not re-pled, the Court declines to exercise supplemental jurisdiction over the remaining state causes of action. Therefore, pursuant to 28 U.S.C. 1447(c), the Court remands the case to Superior Court of the State of California, County of Sacramento. Motion to Dismiss (ECF No. 26) is DENIED as moot.1 directed to close the case. IT IS SO ORDERED. Dated: March 7, 2011 Defendant's The Clerk is _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE Because oral argument will not be of material assistance, the Court deemed this matter suitable for decision without oral argument. E.D. Cal. Local Rule 230 (g). 2 1

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