Notrica v. Board of Supervisors of the County of San Diego

925 F.2d 1211
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 20, 1991
DocketNo. 89-55594
StatusPublished
Cited by1 cases

This text of 925 F.2d 1211 (Notrica v. Board of Supervisors of the County of San Diego) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Notrica v. Board of Supervisors of the County of San Diego, 925 F.2d 1211 (9th Cir. 1991).

Opinion

WALLACE, Chief Judge:

After dismissing Notrica’s federal claims with prejudice pursuant to Fed.R.Civ.P. 12(b)(6), the district court dismissed his pendent state law claims. Notrica argues that the district court abused its discretion by failing to retain jurisdiction over the pendent state claims or, in the alternative, by failing to condition its dismissal of these claims upon a waiver of the applicable statute of limitations for the service of summons in state court actions. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

I

In March 1982, Notrica purchased an option on a parcel of land in northern San Diego County for the purpose of developing a mobile home park. In attempting to acquire the necessary permits for development, Notrica applied for sewerage service from the Vista Sanitation District. He experienced difficulties because his land was located outside the City of Vista. Despite the fact that he had no guarantee of sewerage service, Notrica made an application for development to the Planning and Environmental Review Board (Environmental Board). In November 1983, the Environ[1213]*1213mental Board approved his mobile home park development plan and conditionally granted a use permit.

Unhappy with the Environmental Board’s decision, various private citizens appealed to the County Planning Commission. In January 1984, the Planning Commission denied the appeal and upheld the Environmental Board’s decision. Pursuant to county law, the citizens appealed to the Board of Supervisors of the County of San Diego (Board). After a hearing, the Board reversed the decision on the grounds that “[s]ewer service is not available from the City of Vista within the foreseeable future and the cost of obtaining sewer facilities from alternative sources would render a low and moderate income housing project under this application fiscally infeasible.”

Frustrated by the Board’s decision against him, Notrica filed an action in the district court in July 1984 against the Vista Sanitation District, the Vista City Council, the Board, and various individuals (collectively, County Officials). Notrica alleged that the County Officials had conspired to defeat his development project, and in so doing had violated federal civil rights and antitrust law. In addition to the federal claims, Notrica alleged violations of state law. He contended that as a result of the County Officials’ acts his application for a use permit was arbitrarily denied.

One day later, Notrica filed a substantially identical action in California state court against the same parties. Over the next few years, the parties filed many motions and engaged in substantial discovery in the federal court action. The state court action, however, lay dormant, and in November 1987 the California superior court dismissed Notrica’s state action for failure to serve a summons within three years, a ruling that was later upheld on appeal.

Pursuant to Fed.R.Civ.P. 12(b)(6), the district court dismissed the last of Notrica’s federal claims in November 1988 for failure to state a claim. As a result of this dismissal, all that remained in the federal action were Notrica’s pendent state law claims. Notrica argued that the district court should not dismiss these claims or, alternatively, it should condition its dismissal of the pendent claims upon a waiver by the County Officials of the three-year period for serving summons, so that he could proceed anew in state court with his state claims. See Cal.Civ.Proc.Code §§ 583.210, 583.230 (West Supp.1990). Because it determined that Notrica should be bound by his prior strategic decision not to proceed with the state court action, the district court unconditionally dismissed the pendent claims.

II

We review for abuse of discretion the district court’s dismissal of pendent state claims after its dismissal of related federal claims. 49er Chevrolet, Inc. v. General Motors Corp., 803 F.2d 1463, 1469 (9th Cir.1986), cert. denied, 480 U.S. 947, 107 S.Ct. 1606, 94 L.Ed.2d 792 (1987); Schultz v. Sundberg, 759 F.2d 714, 718 (9th Cir.1985).

Federal courts are empowered by the Constitution to hear pendent state claims if “[t]he state and federal claims ... derive from a common nucleus of operative fact.” United Mine Workers of America v. Gibbs, 383 U.S. 715, 725, 86 S.Ct. 1130, 1138, 16 L.Ed.2d 218 (1966) (Gibbs). However, this power should be exercised in a discretionary fashion, limited by “considerations of judicial economy, convenience and fairness to litigants.” Id. at 726, 86 S.Ct. at 1139.

As an example of the proper discretionary exercise of pendent jurisdiction, the Court has said that “if the federal claims are dismissed before trial, even though not insubstantial in a jurisdictional sense, the state claims should be dismissed as well.” Id. The Court has recently stated that this language was not meant to “establish a mandatory rule.” Carnegie-Mellon University v. Cohill, 484 U.S. 343, 350 n. 7, 108 S.Ct. 614, 619 n. 7, 98 L.Ed.2d 720 (1988) (Cohill). Although it warned against inflexible dismissal of pendent claims, the Court explained that, in the usual case, “the balance of factors to be considered under the pendent jurisdiction doctrine — judicial economy, convenience, fairness, and [1214]*1214comity — will point toward declining to exercise jurisdiction” over state law claims when all federal claims have been dismissed. Id.

Notrica argues that this not a “usual” case, and that therefore the dismissal of his federal claims should not result in the dismissal of his state claims. He relies on a number of cases decided by other circuit courts which hold that when a plaintiff would be time-barred from proceeding with his state law claims in state court, a federal court should not automatically dismiss those state claims when it disposes of the accompanying federal claims.

For example, the Third Circuit has held that a district court abuses its discretion in dismissing pendent claims without considering the fact that the plaintiff was time-barred from bringing those claims in state court. Cooley v. Pennsylvania Housing Finance Agency, 830 F.2d 469, 476 (3d Cir.1987) (Cooley).

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Related

Notrica v. Board Of Supervisors Of San Diego County
925 F.2d 1211 (Ninth Circuit, 1991)

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Bluebook (online)
925 F.2d 1211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/notrica-v-board-of-supervisors-of-the-county-of-san-diego-ca9-1991.