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Chae and Yung Chon v. Downey Savings and Loan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 7, 2011

CHAE AND YUNG CHON,
PLAINTIFFS,
v.
DOWNEY SAVINGS AND LOAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Presently before the Court is Defendant Central Mortgage Company's ("Defendant") Motion to Dismiss the Second Amended Complaint of Plaintiffs Chae and Yung Chon ("Plaintiffs") for failure to state a claim upon which relief may be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). As a matter of background, Defendant removed this action from the Superior Court of the State of California, County of Sacramento based upon federal question jurisdiction. However, Plaintiffs' Second Amended Complaint contains no federal causes of action.

Plaintiffs' claims presently dismissed and not re-pled, the Court declines to exercise supplemental jurisdiction over the remaining state causes of action. Therefore, pursuant to 28 U.S.C. § 1447(c), the Court remands the case to Superior Court of the State of California, County of Sacramento. Defendant's Motion to Dismiss (ECF No. 26) is DENIED as moot.*fn1 The Clerk is directed to close the case.

IT IS SO ORDERED.


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