Slipak v. Bank of America, N.A. et al
ORDER REMANDING CASE to Placer County Superior Court signed by Judge Garland E. Burrell, Jr on 12/21/11. Copy of remand order sent to other court. CASE CLOSED. (Manzer, C)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
BANK OF AMERICA, N.A.;
RECONTRUST COMPANY, N.A.; and
DOES 1 through 100, inclusive,
Defendants filed a motion challenging the sufficiency of the
claims in Plaintiff’s First Amended Complaint. However, review of the
First Amended Complaint reveals that the federal question, which was the
basis of removal of this case from state court, is no longer pled, and
only state claims now remain in this case. Under the circumstances, the
Court may sua sponte decide whether to continue exercising supplemental
jurisdiction over Plaintiff’s state claims.
28 U.S.C. § 1367(c)(3) prescribes that a district court “may
decline to exercise supplemental jurisdiction over a [state] claim” if
dismissed. The “discretion [whether] to decline to exercise supplemental
jurisdiction over state law claims is triggered by the presence of one
of the conditions in § 1367(c), [and] is informed by the . . . values of
economy, convenience, fairness and comity” as delineated by the Supreme
Court in United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966).
Acri v. Varian Assocs., Inc., 114 F.3d 999, 1001 (9th Cir. 1997) (en
supplemental jurisdiction. See Otto v. Heckler, 802 F.2d 337, 338 (9th
Cir. 1986) (“[T]he district court, of course, has the discretion to
determine whether its investment of judicial energy justifies retention
of jurisdiction or if it should more properly dismiss the claims without
prejudice.”) (citation omitted). Nor do the comity and fairness factors
weigh in favor of exercising supplemental jurisdiction since “[n]eedless
decisions of state law should be avoided both as a matter of comity and
Therefore, this action is remanded to the Superior Court of California
in the County of Placer, from which this case was removed.
December 21, 2011
GARLAND E. BURRELL, JR.
United States District Judge
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