Zapata v. Recon Trust Company

The opinion of the court was delivered by: Present: The Honorable Dale S. Fischer, United States District Judge

MEMORANDUM

Debra Plato Not Present Deputy Clerk Court Reporter

Proceedings: (In Chambers) Order REMANDING Case to Superior Court of California, County of Ventura

Removal jurisdiction in this case was based on the presence of a federal question. Plaintiff's first amended complaint -- styled as a "first amended petition" -- removes all federal claims from this suit. Plaintiff refers to the Declaratory Judgment Act, 28 U.S.C. § 2201, but this is not an independent ground for federal jurisdiction. See Vaden v. Discover Bank, 129 S.Ct. 1262, 1278 n.19 (2009).

As this matter is in a very early stage, the Court declines supplemental jurisdiction over the remaining state law issues. See 28 U.S.C. § 1367(c)(3). The case is REMANDED to the Superior Court of California, County of Ventura.

IT IS SO ORDERED.

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