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Trapp v. Kroger Co.

United States District Court, Central District of California

January 21, 2015

Garrett Trapp
v.
The Kroger Co., et al.

Present: The Honorable DALE S. FISCHER, United States District Judge

(IN CHAMBERS) ORDER REMANDING CASE TO STATE COURT

This case was removed from state court based on federal question jurisdiction. Notwithstanding the fact that the complaint only states state law claims, Defendant asserts, in conclusory fashion, that because the state law claim incorporates the federal ADA, the claim arises under federal law. Not so. Wander v. Kaus. 304 F.3d 856. 858-60 (9th Cir. 2002); Kohler v. Southland Foods. Inc.. 459 F.App'x 617, 618 (9th Cir. 2011) (Wander remains valid in light of Grable & Sons Metal Products. Inc. v. Dame Engineering & Manufacturing. 545 U.S. 308 (2005)); Martinez v. Del Taco. Inc.. 252 F.App'x 148 (9th Cir. 2007) (same).

The case is REMANDED to the Superior Court of California, County of Riverside.

IT IS SO ORDERED.


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