United States District Court, N.D. California
September 29, 2005.
HELEN AKAR, Plaintiff,
HOLIDAY INNS, INC., LIRA ROBLES, GINO LASSARA and DOES 1 to 50, inclusive, Defendants.
The opinion of the court was delivered by: MARILYN PATEL, District Judge
MEMORANDUM & ORDER Re: Motion to Remand
Plaintiff Helen Akar filed this lawsuit in the Superior Court
of the State of California in the County of San Francisco
alleging four causes of action under California law: (1)
violation of Government Code sections 12921 and 12940(a), (j) and
(k); (2) wrongful discharge in violation of public policy; (3)
violation of Government Code section 12940(k); and (4) breach of
the implied covenant of good faith and fair dealing. On April 15,
2005 defendant Holiday Inns, Inc. removed the action to this
court pursuant to 28 U.S.C. section 1441(b) on the basis of
federal question jurisdiction. See 28 U.S.C. § 1331. The
removal was premised on plaintiff's breach of the implied
covenant of good faith and fair dealing claim, which arises under
and is preempted by section 301 of the Labor Management Relations
Act, 29 U.S.C. section 185. At no time did defendants assert
diversity jurisdiction as a basis for removal.
Plaintiff agreed to dismiss the breach of implied covenant of
good faith and fair dealing claim, defendants agreed and the
court dismissed the claim on September 26, 2005. The remaining
three claims against defendants are purely state law claims over
which this court declines to exercise supplemental jurisdiction.
See 28 U.S.C. § 1367(c)(1). The action is hereby remanded to state court. The Clerk of
Court shall transmit forthwith to the Clerk of the Superior Court
of San Francisco County a certified copy of this order.
IT IS SO ORDERED.
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