Susan Thoele v. Mainfreight Limited

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

July 12, 2021 Case No. 2:21-cv-02813-SVW-AGR Date

Susan Theole et al. v. Mainfreight Limited et al. Title

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: ORDER GRANTING [39] MOTION TO REMAND.

Before the Court is a motion to remand filed by Plaintiff Susan Theole. Dkt. 39.

This Court lacks subject matter jurisdiction over the instant matter. “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.” Rains v. Criterion Sys., Inc., 80 F.3d 339, 346 (9th Cir. 1996).

Here, Plaintiff has plead alternative theories of vicarious liability for negligence, only one of which relies on federal law. Accordingly, no federal question jurisdiction exists in this case. See id.…