Christina Perez v. Modivcare Solutions LLC

Opinion

Case 2:22-cv-07308-GW-MAR Document 18 Filed 11/04/22 Page 1 of 1 Page ID #:120

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. No. 2:22-cv-07308-GW-MAR Date November 4, 2022 Title Christina Perez v. Modivcare Solutions LLC, et al.

Present: The Honorable GEORGE H. WU, UNITED STATES DISTRICT JUDGE Javier Gonzalez None Present Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None Present PROCEEDINGS (IN CHAMBERS): ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION At the upcoming November 14, 2022, Scheduling Conference to be held in this action, the Court will ask the parties to address the question of why case law such as Rains v. Criterion Sys., Inc., 80 F.3d 339 (9th Cir. 1996), does not preclude a conclusion that federal question jurisdiction exists with respect to this matter. See id. at 346 (“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 Nev. v. Bank of Am. Corp., 672 F.3d 661, 674-75 (9th Cir. 2012); Castillo v. Tamara Mellon Brand, Inc., No. CV 19-10466-GW-MRWX, 2020 WL 703693 (C.D. Cal. Feb. 10, 2020) (applying Rains in Unruh/ADA context) (Wu, Dist. J.). It is so ordered.

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