Opinion
Case Number: C05-04378 JF.
November 28, 2005
ROBERT K. JOHNSON State Bar No. 61636, OMAR F. JAMES State Bar No. 69041, Johnson James LLP, Aptos, California, Attorneys for Plaintiffs WACO INVESTMENTS, LLC., et al.
DANA McRAE, State Bar No. 142231, County Counsel, County of Santa Cruz, JULIA HILL, State Bar No. 178672, Assistant County Counsel, Santa Cruz, CA, Attorneys for Defendants COUNTY OF SANTA CRUZ.
STIPULATION OF DISMISSAL OF FEDERAL CAUSE OF ACTION AND REMAND TO STATE COURT; ORDER [F.R.Civ.P. 41(a)(1)]
IT IS HEREBY STIPULATED by and between the parties to this action, through their designated counsel, that plaintiffs' fourth cause of action for civil rights violations pursuant to 42 U.S.C. § 1983, which is plaintiffs' sole federal cause of action, be dismissed from this action. The fourth cause of action for civil rights violations is hereby dismissed with prejudice. The dismissal of the fourth cause of action with prejudice shall not affect, impair and/or diminish plaintiffs' remaining claims or causes of action or act as res judicata and/or collateral estoppel as to plaintiffs' remaining claims or causes of action.
The parties, through their respective counsel, also stipulate that based on the dismissal of the sole federal cause of action, this entire action can be remanded back to the Santa Cruz County Superior Court for all further proceedings.
ORDER
Based on the foregoing stipulated dismissal, it is hereby ordered that the forth cause of action for federal civil rights violations pursuant to 42 U.S.C. § 1983 is dismissed by Plaintiffs with prejudice. It is also ordered that this action is remanded back to the Santa Cruz County Superior Court for all further proceedings since no remaining issues of federal question exist in this case.