Roberta Lee, Guardian Ad Litem Avril King Brenda Walls v. The City of Beaumont

I.

OVERVIEW

The City of Beaumont (Beaumont) appeals the district court’s discretionary remand of pendent state claims. Beaumont asserts the district court had a mandatory duty to rule on the sufficiency of service of process before remanding the pendent state claims. We have no jurisdiction to review-the remand order pursuant to Beaumont’s appeal and decline to treat the appeal as a petition for writ of mandamus because the district court had discretion to remand all issues with regard to pendent state claims.

II.

FACTS AND PROCEDURAL HISTORY

This .action arose out of the execution of a search warrant by Beaumont police officers, John Funston, Allen Whitson, and John Aeosta. During the search, plaintiff Daniel Lee’s father was killed and plaintiffs, Avril King and Brenda Walls, were allegedly wrongfully incarcerated. The plaintiffs filed this action based on state law tort claims and federal claims pursuant to 42 U.S.C. § 1983 in California state court against Beaumont and the police officers.

On April 26, 1991, the plaintiffs served process on Beaumont under Cal.Code of Civ. Proc. § 415.20(a) by delivering copies of the summons and complaint to the office of Robert Bounds…