Aisen

Regents of the University of California v. Aisen

Good Law
143 F. Supp. 3d 1055·2015 WL 6618577·2015 U.S. Dist. LEXIS 147705
United States District Court, Southern District of CaliforniaOctober 29, 2015Case No. 15-cv-1766-BEN (BLM)California3,061 words

Opinion

Lead Opinion

Benitez, J.

ORDER DENYING MOTION TO REMAND

Plaintiff moves to remand this case to the Superior Court of the State of California, County of San Diego. The motion asks whether this, or any federal court, may exercise jurisdiction over this case which was filed in state court and asserts only state law claims for relief. For the reasons stated below, this Court denies the motion.

Federal courts are courts of limited jurisdiction. Within limits, a federal court is authorized to exercise original jurisdiction in a civil action “arising under” the laws of the United States. 28 U.S.C. § 1331 . One such law of the United States is the Copyright Act. 17 U.S.C. §§ 101 et seq. Congress specifically granted to federal district courts original jurisdiction over “any civil action arising under any Act of Congress relating to ... copyrights.... ” 28 U.S.C. § 1338 (a) (emphasis added). And for actions arising under the Copyright Act, federal courts have exclusive jurisdiction. Id. (“No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to ... copyrights.”) (emphasis added). The facts are complicated and known to the parties so they are not repeated…

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