Sean Licea v. Harbor Freight Tools USA, Inc.

Good Law
United States District Court, Central District of CaliforniaOctober 28, 20205:20-cv-01680California188 words

Opinion

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 5:20-cv-01680-SVW-SP Date October 28, 2020 Title Sean Licea v. Harbor Freight Tools USA, Inc.

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: IN CHAMBERS ORDER re MOTION to Remand Case to Riverside Superior Court filed by Plaintiff Sean Licea [10] Plaintiff's motion to remand is hereby GRANTED. See Rains v. Criterion Sys., Inc., 80 F.3d 339, 346 (9th Cir. 1996) ("When a claim can be supported by alternative and independent theories-one of which is a state law theory and one of which is a federal law theory-federal question jurisdiction does not attach because federal law is not a necessary element of the claim."); see also Rutherford v. La Jolla Riviera Apartment House LLC, 2019 WL 6125255, at *6 (S.D. Cal. Nov. 19, 2019) ("[D]istrict courts have repeatedly, and in apparent uniformity, found similar removal actions to be improper."). The case is hereby…

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