Does a federal district court have jurisdiction to remand a state claim to the state court from which it was removed?
MultiRegion, United States of America
The following excerpt is from Survival Systems of Whittaker Corp. v. U.S. Dist. Court for Southern Dist. of California, 825 F.2d 1416 (9th Cir. 1987):
While a federal court has jurisdiction to retain and decide a state claim that is not independently removable, once the federal claim upon which removal was based is gone, it is within the discretion of the district court to remand the state claim to the state court from which it was removed. Swett v. Schenk, 792 F.2d 1447, 1450 (9th Cir.1986). 2
The petition for a writ of mandamus is denied.
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