Adriana Aguilar v. Laboratory Corporation of America

Case 2:22-cv-09050-DSF-AFM Document Filed 02/03/ Page 1 of Page ID #:196

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ADRIANA AGUILAR, CV 22-9050 DSF (AFMx) Plaintiff, Order DISMISSING Federal v. Claim and REMANDING Case to State Court (Dkt. 9)

LABORATORY CORPORATION

OF AMERICA,

Defendant.

Plaintiff Adriana Aguilar moves to remand this case to state court due to a lack of Article III standing. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for February 13, 2023, is removed from the Court’s calendar. Plaintiff admits that she does not allege a concrete injury with respect to her Fair Credit Reporting Act claim as required for Article III standing. Therefore, this Court does not have subject matter jurisdiction over her claim. Normally, a lack of subject matter jurisdiction over a removed claim would result in remand, but in the Ninth Circuit there is an exception when it is an “absolute certainty” that the state court would immediately dismiss the case on remand. Sauk-Suiattle Indian Tribe v. City of Seattle, 56 F.4th 1179,…