Menhardt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 BEATRIX MENHARDT, Case No. 20-cv-08670-NC 11 Plaintiff, ORDER IN RESPONSE TO JURISDICTIONAL BRIEFS v. AND REMANDING TO STATE COURT MELISSA TRACY, and MEREK TEJA, Re: Dkt. Nos. 10, 11 Defendants. 15 16 On December 24, 2020, the Court ordered Plaintiff Menhardt and Defendants Tracy and Teja to show cause in writing why this case should not be remanded due to lack of subject matter jurisdiction. ECF 9. In their brief, Tracy and Teja point to case law stating that “a claim arises under federal law if federal law provides a necessary element of the plaintiff’s claim for relief.” Jones v. R.R. Donnelley Sons Co., 541 U.S. 369, 376 (2004) (citing to Christianson v. Colt Indust. Operating Corp., 486 U.S. 800, 808 (1988)); see ECF 10 at 2. However, a necessary element is not just any element of a federal claim; a necessary element is…