Singh
Singh v. American Postal Workers Union Oakland Local 78
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PREET M. SINGH, Case No. 19-cv-06659-VC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
AMERICAN POSTAL WORKERS Re: Dkt. No. 7 UNION OAKLAND LOCAL 78, et al., Defendants.
The federal defendants’ motion to dismiss the third amended complaint is granted. The Court declines to exercise jurisdiction over the claims against the union, the only remaining defendant. See Swett v. Schenk, 792 F.2d 1447, 1450 (9th Cir. 1986). Accordingly, the Clerk is directed to remand the case to Alameda County Superior Court. For all claims that Singh pursues against the federal employee defendants, the Postal Service has certified that those employees were acting within the scope of their employment. See Certification Pursuant to 28 U.S.C. § 2679(d), Dkt. No. 7-1, at 88-89. The determination is made according to principles of California law, because the underlying events took place in California. Clamor v. United States, 240 F.3d 1215, 1217 (9th Cir. 2001). Singh alleges that the employees acted maliciously, and he contends that their conduct was therefore beyond the scope of their…