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MARSCHALL v. RECOVERY SOLUTION SPEC

United States Court of Appeals, Ninth Circuit.Page 187
Oct 5, 2010
399 F. App'x 186 (9th Cir. 2010)

Summary

holding "district court properly dismissed [plaintiff's] claims against [defendant] for lack of subject matter jurisdiction because [defendant's] offer of judgment was for more than [plaintiff] was legally entitled to recover"

Summary of this case from Makreas v. Moore Law Grp. A.P.C.

Opinion

No. 08-55247.

Submitted September 13, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 5, 2010.

Carl N. Marschall, Newport Beach, CA, pro se.

Ronald N. Sarian, Esquire, Astor Phillips, Francisca Minghao Mok, Esquire, McDermott Will Emery, Los Angeles, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Central District of California, James V. Selna, District Judge, Presiding. D.C. No. 8:07-H3V-00726-JVS-AN.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Carl N. Marschall appeals pro se from the district court's judgment dismissing his action brought under the federal Fair Debt Collection Practices Act ("FDCPA") and the California Fair Debt Collection Practices Act ("Rosenthal Act"). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed.R.Civ.P. 12(b)(1) or 12(b)(6), Arrington v. Wong, 237 F.3d 1066, 1069 (9th Cir. 2001), and may affirm on any ground supported by the record, United States v. Washington, 573 F.3d 701, 706 (9th Cir. 2009). We affirm.

The district court properly dismissed Marschall's individual claims against Recovery Solution Specialists, Inc. ("RSS") for lack of subject matter jurisdiction because RSS's offer of judgment was for more than Marschall was legally entitled to recover. See 15 U.S.C. § 1692k(a); Cal. Civ. Code §§ 1788.17 and 1788.30(b); Chang v. United States, 827 F.3d 911, 919 (9th Cir. 2003) (case is moot where there remains "no effective relief . . . for the court to provide"). Dismissal of the class claims against RSS was proper because Marschall had a reasonable opportunity to file a motion for class certification but failed to do so. See CD. Cal. R. 23-5; Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam) ("Only in rare cases will we question the exercise of discretion in connection with the application of local rules.") (citation and internal quotation marks omitted).

The district court properly dismissed Marschall's federal claims against Cedars-Sinai Medical Center ("CSMC") because he added CSMC as a defendant after the statute of limitations had run, and this addition did not relate back to the original complaint. See 15 U.S.C. § 1692k(d); Lindley v. General Electric Co., 780 F.2d 797, 799 (9th Cir. 1986) (failure to notify the newly-named defendant of the institution of the action within the time limits of Fed.R.Civ.P. 15(c) bars the amendment).

Finally, dismissal of the state claims against CSMC for lack of subject matter jurisdiction was proper once the federal claims were properly dismissed. See 28 U.S.C. § 1367(c)(3); Schultz v. Sundberg, 759 F.2d 714, 718 (9th Cir. 1985) ("Generally, dismissal of federal claims before trial dictates that the pendent state claims should also be dismissed"). We construe the dismissal of the state claims as being without prejudice. See Gini v. Las Vegas Metro. Police Dep't, 40 F.3d 1041, 1046 (9th Cir. 1994) ("When . . . the court dismisses the federal claim leaving only state claims for resolution, the court should decline jurisdiction over the state claims and dismiss them without prejudice.") (citation and internal quotation marks omitted).

Marschall's remaining contentions are unpersuasive.

Ronald N. Sarian's and Astor Phillips's motion to be relieved as RSS's counsel is granted.

AFFIRMED.


Summaries of

MARSCHALL v. RECOVERY SOLUTION SPEC

United States Court of Appeals, Ninth Circuit.Page 187
Oct 5, 2010
399 F. App'x 186 (9th Cir. 2010)

holding "district court properly dismissed [plaintiff's] claims against [defendant] for lack of subject matter jurisdiction because [defendant's] offer of judgment was for more than [plaintiff] was legally entitled to recover"

Summary of this case from Makreas v. Moore Law Grp. A.P.C.

finding that the district court properly dismissed plaintiffs' individual claims against defendants for lack of subject matter jurisdiction because defendant's offer of judgment was for more than plaintiff was legally entitled to recover

Summary of this case from CHIE v. REED ELSEVIER, INC.

affirming dismissal of class claims where the plaintiff "had a reasonable opportunity to file a motion for class certification but failed to do so"

Summary of this case from Sakugawa v. Mortgage Electronic Registration Systems

affirming dismissal of class claims where the plaintiff "had a reasonable opportunity to file a motion for class certification but failed to do so"

Summary of this case from Saiki v. Lasalle Bank National Association as Trustee

dismissing FDCPA lawsuit for lack of subject matter jurisdiction when defendant made offer of judgment for more than plaintiff was legally entitled to recover

Summary of this case from Young v. LVNV Funding LLC
Case details for

MARSCHALL v. RECOVERY SOLUTION SPEC

Case Details

Full title:Carl N. MARSCHALL, Plaintiff-Appellant, v. RECOVERY SOLUTION SPECIALISTS…

Court:United States Court of Appeals, Ninth Circuit.Page 187

Date published: Oct 5, 2010

Citations

399 F. App'x 186 (9th Cir. 2010)

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