Opinion
For Michael Chi Phu, Plaintiff: Don Huu Dao, LEAD ATTORNEY, Premier International Law Group, Santa Ana, CA.
For Nationstar Mortgage LLC, a Texas LLC, Trustee Sale Company, Defendant: Seth Philip Cox, LEAD ATTORNEY, McGuirewoods LLP, Los Angeles, CA.
For JPMorgan Chase Bank, N.A, Defendant: Katherine S Walker, Bryan Cave LLP, Irvine, CA.
Present: THE HONORABLE DAVID O. CARTER, JUDGE.
PROCEEDINGS (IN CHAMBERS): ORDER REMANDING CASE
THE HONORABLE DAVID O. CARTER, JUDGE.
On April 1, 2015, the Court wrote:
Because the only federal claim in this action has been voluntarily dismissed, the Court must decide whether to exercise supplemental jurisdiction over the remaining state law claims. This decision should be " informed by the...values 'of economy, convenience, fairness, and comity.'" Acri v. Varian Associates, Inc., 114 F.3d 999, 1001 (9th Cir. 1997) (citations omitted). " [I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors...will point toward declining to exercise jurisdiction over the remaining state-law claims." Carnegie-Mellon University v. Cohill, 484 U.S. 343, 350 n. 7, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988). The Court has not yet ruled on the merits of this case, and the case is still in its very early stages. Therefore, absent a showing that this Court should in fact exercise supplemental jurisdiction, the Court is inclined to DECLINE to exercise supplemental jurisdiction over the state law claims alleged in the SAC. 28 U.S.C. § 1367(c)(3).
Accordingly, the Court ORDERS Defendants to SHOW CAUSE in writing on or before April 6, 2015 why this action should not be remanded to state court. A failure to respond will be deemed agreement to remand this case, and the case will be remanded to Orange County Superior Court.
Order, Apr. 1, 2015 (Dkt. 33).
Defendants did not respond to the Order to Show Cause. As such, consistent with that Order, the Court declines to exercise supplemental jurisdiction over the remaining state law claims. This matter is hereby REMANDED to Orange County Superior Court.
The Clerk shall serve this minute order on the parties.