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.,

(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,

, 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 remanded to Riverside Superior Court. No attorney's fees will be awarded.

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