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Zapata v. Recon Trust Company

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 26, 2010

JUAN CARLOS ZAPATA
v.
RECON TRUST COMPANY, N.A., ET AL.

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.

20100326

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