Opinion
Present: The Honorable DALE S. FISCHER, United States District Judge
(IN CHAMBERS) ORDER REMANDING CASE TO STATE COURT
This case was removed from state court based on federal question jurisdiction. Notwithstanding the fact that the complaint only states state law claims, Defendant asserts, in conclusory fashion, that because the state law claim incorporates the federal ADA, the claim arises under federal law. Not so. Wander v. Kaus. 304 F.3d 856. 858-60 (9th Cir. 2002); Kohler v. Southland Foods. Inc.. 459 F.App'x 617, 618 (9th Cir. 2011) (Wander remains valid in light of Grable & Sons Metal Products. Inc. v. Dame Engineering & Manufacturing. 545 U.S. 308 (2005)); Martinez v. Del Taco. Inc.. 252 F.App'x 148 (9th Cir. 2007) (same).
The case is REMANDED to the Superior Court of California, County of Riverside.
IT IS SO ORDERED.