City of Los Angeles v. County of Kern

Bad Law
174 Cal. Rptr. 3d 67·2014 Cal. LEXIS 4751·59 Cal. 4th 618·2014 WL 3030368·328 P.3d 56
Supreme Court of CaliforniaJuly 7, 2014S210150California6,301 words

Opinion

Opinion

Werdegar, J.

Though federal court jurisdiction is constrained by article III of the United States Constitution principally to claims presenting a federal case or controversy or disputes between diverse parties, federal courts may assume supplemental jurisdiction over related state claims that “form part of the same case or controversy.” ( 28 U.S.C. § 1367 (a); see Mine Workers v. Gibbs (1966) 383 U.S. 715, 725 [ 16 L.Ed.2d 218 , 86 S.Ct. 1130 ] [federal jurisdiction extends to state claims that share “a common nucleus of operative fact” with a federal claim].) The assumption and retention of supplemental jurisdiction are not mandatory; inter alla, if the federal basis for jurisdiction dissolves but supplemental claims remain, the federal court may dismiss them, leaving them to be refiled in state court. (§ 1367(c)(3); see Jinks v. Richland County (2003) 538 U.S. 456, 459 [ 155 L.Ed.2d 631 , 123 S.Ct. 1667 ].) Congress has spelled out the consequences for statute of limitations purposes of such a state claim journey into federal court: the limitations period is “tolled while the claim is pending and for a period of 30 days after it is dismissed” absent a state rule extending the period…

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