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Civil Rights: Accommodations | California Central
Order ~Util - Terminate Civil Case
ORDER RE: DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT AND MOTION TO STRIKE by Judge Consuelo B. Marshall.The matters before the Court are Defendant Mercy House Living Centers ("Mercy House")'s Motion to Dismiss and Motion to Strike Plaintiff's Second Amended Complaint. (Dkt. Nos. 36, 37 (the "Motion").) The matter is fully briefed. (Dkt. Nos. 38, 39, 40, 41.) Accordingly, the Court GRANTS Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint as to Plaintiff's federal claims under the FHA (first and second causes of action) and dismisses the FHA claims without further leave to amend. Having dismissed Plaintiff's federal claims, the Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims (third, fourth, fifth, and sixth causes of action), and dismisses the state law claims without prejudice to being refiled in state court. See 28 U.S.C. § 1367; Ove v. Gwinn, 264 F.3d 817, 826 (9th Cir. 2001).The Court DENIES AS MOOT Defendant's Motion to Strike "portions" of the state law claims pursuant to C.C. P. § 426.15 (anti-SLAPP) and Fed. R. Civ. P.12(b)(6).SEE DOCUMENT FOR FURTHER INFORMATION. (Made JS-6. Case Terminated.) (es)
Mail Returned
Mail Returned addressed to Sherri Esther Matta re Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Strike,,,, Motion Hearing,,, 44 (es)
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