Chavez et al v. Washington Mutual Bank, F.A. et al

Filing 42

ORDER GRANTING 32 MOTION TO DISMISS WITHOUT PREJUDICE Signed by Judge Jeremy Fogel on 4/7/2010. (jflc2, COURT STAFF) (Filed on 4/9/2010)

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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 1 **E-Filed 4/9/2010** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RITO CHAVEZ and RAQUEL CHAVEZ, Plaintiffs, v. Case Number C 09-3583 JF (PVT) ORDER1 GRANTING MOTION TO DISMISS WITHOUT PREJUDICE [re: document no. 32 ] WASHINGTON MUTUAL BANK, F.A., et al., Defendants. Defendant JP Morgan Chase Bank, N.A. moves pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss Plaintiffs' second amended complaint ("SAC") for failure to state a claim upon which relief may be granted. On January 7, 2010, the Court granted, with leave amend Defendant's motion to dismiss Plaintiffs' first amended complaint ("FAC"). The FAC alleged violations of the Truth in Lending Act, 15 U.S.C. 1601 et seq. and related claims. However, the operative pleading presently before the Court the SAC alleges no federal claims. Plaintiffs have noted in their opposition to the instant motion to dismiss that the remaining claims for relief all arise under state law. Pls.' Opp'n to MTD SAC 1:26-28. This disposition is not designated for publication in the official reports. C a se No. C 09-3583 JF (PVT) O R D E R GRANTING MOTION TO DISMISS WITHOUT PREJUDICE ( JF E X 2 ) 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 Without any federal claims present, the Court declines at this juncture to exercise its supplemental jurisdiction over the state-law claims. See 28 U.S.C. 1367(c); ACRI v. Varian Assocs., Inc., 114 F.3d 999, 1001-02 (9th Cir. 1997) (noting that "unless `values of judicial economy, convenience, fairness, and comity' would be served, the district court rarely should exercise supplemental jurisdiction when remaining claims are based wholly on state law) (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988)). Accordingly, the Court will grant Defendant's motion to dismiss without prejudice. ORDER Defendant's motion to dismiss is hereby GRANTED without prejudice. DATED: April 7, 2010 __________________________________ JEREMY FOGEL United States District Judge 2 C a se No. C 09-3583 JF (PVT) O R D E R GRANTING MOTION TO DISMISS WITHOUT PREJUDICE ( JF E X 2 )

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