Aguilar et al v. Chula Vista Police Department Chula Vista City et al

Filing 6

ORDER Remanding Case for Lack of Subject Matter Jurisdiction. The Court remands this action to San Diego Superior Court for lack of federal subject matter jurisdiction. The Clerk of Court is instructed to close this case. Signed by Judge Michael M. Anello on 6/5/2018.(rmc)(Certified copy to Superior Court) Copy also mailed to Plaintiff counsel (rmc).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOSE AGUILAR, et al.,

Case No.: 18cv998-MMA (NLS)
Plaintiffs,

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v.

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ORDER REMANDING CASE FOR
LACK OF SUBJECT MATTER
JURISDICTION

CHULA VISTA POLICE
DEPARTMENT CHULA VISTA CITY,
et al.,

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Defendants.

[Doc. No. 3]

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On November 15, 2017, Plaintiffs Jose Aguilar, Mason Saurer, Isabella Aguilar, a

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minor by and through her guardian ad litem Jose Aguilar Sr., filed the present action in

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California Superior Court against Defendants Chula Vista Police Department Chula Vista

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City, and Police Chief Roxana Kennedy. Doc. No. 1-2. On May 18, 2018, Defendants

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removed this action to federal court, invoking federal question jurisdiction under 28

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U.S.C. § 1331. Doc. No. 1. On May 21, 2018, the Court ordered the parties to show

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cause why the action should not be remanded to state court for lack of subject matter

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jurisdiction. Doc. No. 3. Defendants filed a response asserting the same arguments

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raised in their notice of removal, but stated that “[i]f Plaintiffs’ intention is to bring only

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state based claims . . . Defendants would . . . agree and concede that this Court lacks

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jurisdiction . . . .” Doc. No. 4 at 6. Plaintiffs’ response indicates that “only California
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18cv998-MMA (NLS)

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state law is asserted and applies in this case.” Doc. No. 5. As such, this Court lacks

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subject matter jurisdiction. Accordingly, the Court REMANDS this action to San Diego

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Superior Court for lack of federal subject matter jurisdiction. See 28 U.S.C. § 1447(c) (“If

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at any time before final judgment it appears that the district court lacks subject matter

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jurisdiction, the case shall be remanded.”). The Clerk of Court is instructed to close this

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case.

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IT IS SO ORDERED.
Dated: June 5, 2018

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18cv998-MMA (NLS)