Ross v. Stranger et al

Filing 24

ORDER by Magistrate Judge Bernard Zimmerman granting (19) Motion to Remand in case 3:09-cv-04127-BZ (bzsec, COURT STAFF) (Filed on 11/12/2009)

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 ) ) Plaintiff(s), ) ) ) v. ) GREGORY A. STRANGER, et al.,) ) ) ) Defendant(s). ) ELIZABETH ROSS, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C09-4127 BZ ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND

Plaintiff Elizabeth Ross has moved to remand this action to Marin County Superior Court, contending that this court lacks subject matter jurisdiction. Defendants argue that

plaintiff's Eleventh Cause of Action, entitled "Violation of State Securities Laws", arises under federal law because it contains the words "which incorporate the Federal Securities Acts and laws." Complaint ¶ 100.

The mere mention of federal securities law does not create federal question jurisdiction. See Merrell Dow

Pharmaceuticals Inc. v. Thompson, 478 U.S. 804, 814 n. 12 (1986) ("the violation of the federal standard as an element of state tort recovery did not fundamentally change the state 1

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tort nature of the action"); Int'l Union of Operating Eng'rs v. County of Plumas, 559 F.3d 1041 (9th Cir. 2009) (federal jurisdiction does not arise solely because California has adopted principles of federal labor law); Rains v. Criterion Systems, Inc., 80 F.3d 339 (9th Cir. 1996) (mere reference to Title VII does not convert a state law claim into a federal claim). Ross's claims are alleged to arise under California

law and any reference in California law to federal law does not convert her state-law claim to a federal one. I find no need for argument and the hearing set for November 18, 2009 is VACATED. motion for remand is GRANTED. IT IS ORDERED that plaintiff's The Clerk shall transfer the

file to the Marin County Superior Court. Dated: November 12, 2009 Bernard Zimmerman United States Magistrate Judge
G:\BZALL\-BZCASES\ROSS V. STRANGER, et al\ORDER GRANTING PLAINTIFF'S MOTION TO REMAND.wpd

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