Steven J. Zamora v. National City Mortgage Co

The opinion of the court was delivered by: Richard Seeborg United States District Judge

For the Northern District of California

ORDER DISMISSING FEDERAL

CLAIM WITH PREJUDICE AND

REMANDING ACTION

This action was removed from Alameda Superior Court on the basis that plaintiff had 19 asserted a claim under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ("FDCPA"). By 20 written order filed January 23, 2011, the FDCPA claim was dismissed with leave to amend. A 21 ruling on defendants' challenges to the other claims in the complaint was deferred, pending any 22 subsequent determination that a viable FDCPA had been stated. The parties were advised that in the 23 event plaintiff chose not to attempt to cure the defects in the FDCPA claim by amending, it would 24 be dismissed with prejudice, and the action remanded to Alameda Superior Court. Plaintiff has now 25 filed a statement electing not to amend. Accordingly, the FDCPA claim is dismissed with prejudice, 26 and the balance of the action is remanded to Alameda Superior Court. See Carnegie-Mellon Univ. 27 v. Cohill, 484 U.S. 343, 351(1988) ("[I]n the usual case in which all federal-law claims are 28 eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine-judicial economy, convenience, fairness, and comity-will point toward declining to 2 exercise jurisdiction over the remaining state-law claims.") 3 4

IT IS SO ORDERED.

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