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Donny Macias, On Behalf of Himself and All Others Similarly v. Automobile Club of Southern California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 17, 2012

DONNY MACIAS, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, DEFENDANT.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER REMANDING CASE TO STATE COURT

Plaintiff originally filed suit against Defendant in California state court on July 25, 2012. Defendant removed the action to this court on September 4, 2012, on the basis of federal question jurisdiction. The court finds that it lacks subject matter jurisdiction and therefore remands the entire matter to state court.

In his Complaint, Plaintiff asserts only state law claims, stemming from Defendant's alleged discrimination against individuals with disabilities. Defendant nonetheless contends that there is federal question jurisdiction, because Plaintiff has alleged in his Complaint that violations of the federal Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, also constitute violations of the state laws asserted in the Complaint. However, as another district court in this Circuit has explained in detail, such allegations do not - on their own - create federal question jurisdiction. See Pickern v. Best W. Timber Cove Lodge Marina Resort, 194 F. Supp. 2d 1128, 1131-33 (E.D. Cal. 2002). Again, Plaintiff only alleges state law claims here; he has chosen not to allege any claims under the ADA.

Accordingly, the court finds that it lacks subject matter jurisdiction, and REMANDS this case to California state court.

IT IS SO ORDERED.

20120917

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