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First Horizon Home Loans v. Jimmy E. Rowe

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 7, 2011

FIRST HORIZON HOME LOANS,
PLAINTIFF,
v.
JIMMY E. ROWE, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Charles R. Breyer United States District Judge

ORDER

Based on the parties' stipulation, the Court finds that the issues in this case arise 18 predominantly under state law. A district court may decline to exercise supplemental 19 jurisdiction where "the district court has dismissed all claims over which it has original 20 jurisdiction." See 28 U.S.C. § 1367(c)(3); see also Bryant v. Adventist Health System/West, 289 21 F. 3d 1162, 1169 (9th Cir. 2002) (holding where district court grants judgment on federal claims, 22 district court, pursuant to § 1367(c)(3), may properly decline to exercise supplemental 23 jurisdiction over remaining state law claims). Further, a district court may decline to exercise 24 supplemental jurisdiction over claims that "substantially predominate[ ] over the claim or claims 25 over which the district court has original jurisdiction." See 28 U.S.C. § 1367(c)(2). The Court 26 DECLINES to exercise supplemental jurisdiction over the remaining state law claims. 27 Accordingly, the above-titled action is hereby REMANDED to the Superior Court of 28 California, in and for the County of Alameda, and the Clerk is DIRECTED to transfer forthwith 1 the instant order, at the following address: 2 Office of the Clerk Superior Court of California 3 County of Alameda 39439 Paseo Padre Parkway 4 Fremont, CA 94538 S DIST T IC T

A E R T 5 S

C O

IT IS SO ORDERED. U E D R

N IT SO U A

T T

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7 IS

ORDERED

N Charles R. Breyer R 9 O Judge O R T L

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DISTRICT O

20110407

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