UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 21-5627-GW-JCx Date August 27, 2021 Title Health Club Marketing Specialist, Inc. v. Darryl Aken, et al. Page 1of1 Present: The Honorable GEORGE H. WU, UNITED STATES DISTRICT JUDGE Javier Gonzalez None Present Deputy Clerk Court Reporter Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present Proceedings: INCHAMBERS — ORDER

Plaintiff HCMS, Inc., filed this action against Defendant Darryl Aken dba Parties At Sea in state court raising a single cause of action for violation of Cal. Bus. & Prof. Code §§ 17200 er seq. based upon the Defendant’s alleged operation of his vessel in violation of various safety codes and regulations. See Complaint attached as Exhibit 1 to Notice of Removal (“NOR”), ECF No. 1. Defendant removed the matter to federal court on the bases of federal question jurisdiction under 28 U.S.C. § 1331 and admiralty jurisdiction under 28 U.S.C. § 1333(a). See NOR at □□□ 6- 11. The Court issued an Order to Show Cause (“OSC”) stating that there was no foundation for federal question jurisdiction since Plaintiff brought a single cause of action under state law and, while a violation of a federal law was one basis for the state claim, it was not a necessary element for the claim — citing to Rains v. Criterion Sys., Inc., 80 F.3d 339, 346 (9th Cir. 1996). See ECF No. 11. The Court asked Plaintiff to respond as to whether it planned to contest the existence of admuralty jurisdiction. Jd. Plaintiff filed a response indicating that the existence of an admiralty claim (other than an in rem admiralty claim) does not make a case filed in state court removable to federal court. See ECF No. 13. The Court would generally agree. See Dirkse v. Nu Venture Diving Co., No. LA CV17-08554-JAK- (MRWx), 2018 WL 6133683 (C.D. Cal. May 21, 2018). Defendant has now filed a Reply indicating that he “do [sic] not object to Plaintiff's decision to continue the action in the California State court;” and that he “request[s] that Monday’s 08/30/2021 scheduling conference at 8:30 a.m. be taken off calendar and that the matter be remanded to the Los Angeles Superior Court.” See ECF No. 16. In light of the above, the Court orders that: (1) the August 30, 2021 OSC re jurisdiction and Fed. R. Civ. P. 26(f) scheduling conference be taken off-calendar; and (2) this action be remanded forthwith back to state court for lack of subject matter jurisdiction.

CV-90 CIVIL MINUTES—GENERAL Initials of Deputy Clerk JG