Arthur Mogilefsky v. Delta Air Lines, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ARTHUR MOGILEFSKY, CV 20-1653 DSF (KSx) Plaintiff, Order GRANTING Motion to v. Remand (Dkt. No. 10)

DELTA AIR LINES, INC.,

Defendant.

Defendant Delta Air Lines, Inc. removed this case on the basis of federal question jurisdiction. Plaintiff has moved to remand. 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 April 13, 2020 is removed from the Court’s calendar. The complaint does not state a federal question on its face. The two claims are for breach of contract and violation of the California Unruh Act. In response to the motion to remand, Defendant claims that the contract claim is governed by federal common law. Defendant makes virtually no attempt to demonstrate that its assertion is correct. Defendant discusses the general federal role in aviation regulation and cites, without discussion, Read-Rite Corp. v. Burlington Air Express, Ltd., 186 F.3d 1190 (9th Cir. 1999). Read-Rite holds that federal common law applies to waybills for carriage of goods by air. That is not the subject of this action.…