Cheryl Thurston v. Spectrum Wine Auctions, LLC

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:19-cv-01740-JLS-DFM Date: December 04, 2019 Title: Cheryl Thurston v. Spectrum Wine Auctions, LLC Present: HONORABLE JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

Terry Guerrero N/A Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER GRANTING PLAINTIFF’S

MOTION TO REMAND ACTION TO ORANGE COUNTY

SUPERIOR COURT (Doc. 9)

Defendant Spectrum Wine Auctions, LLC removed the instant action to this Court on September 12, 2019. (Notice of Removal, Doc. 1.) The Notice of Removal asserts federal question jurisdiction pursuant to 28 U.S.C. § 1331 and therefore removability pursuant to 28 U.S.C. §§ 1441(a), 1443. (Id. ¶ 3.) Although Plaintiff pleads only a state- law cause of action—violation of California’s Unruh Act, Cal. Civ. Code § 51 et seq.— Defendant asserts that such claim necessarily raises a federal question because Plaintiff’s Unruh Act claim appears predicated on an underlying violation of the…