Opinion
CV 11-1358 ODW (JEMx)
10-13-2011
CIVIL MINUTES - GENERAL
Present: The Honorable Otis D. Wright II, United States District Judge
Sheila English
Deputy Clerk
Not reported
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Not present
Attorneys Present for Defendants:
Not present
Proceedings (In Chambers): ORDER REMANDING THE CASE TO STATE COURT
On August 18, 2011, Plaintiff, Aran Prem, a California resident, filed his Second Amended Complaint. (Dkt. No. 32.) The Second Amended Complaint alleges only state law claims and complete diversity between the parties does not exist depriving the Court of its original jurisdiction in this case. See 28 U.S.C. §§ 1331, 1332. Accordingly, no original jurisdiction exists, and the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims pursuant to 28 U.S.C. § 1367(c)(3). See Ove v. Gwinn, 264 F.3d 817, 826 (9th Cir. 2001); San Pedro Hotel Co. v. City of L.A., 159 F.3d 470, 478 (9th Cir. 1998). As such, the hearing scheduled for October 24, 2011 is VACATED, and the case is REMANDED to the Los Angeles County Superior Court. The Clerk of Court shall close this case.
IT IS SO ORDERED.