Free Notice of Joinder - District Court of California - California

Case 3:08-cv-00471-JAH-LSP

Document 26

Filed 05/23/2008

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Max C. Fischer (SBN 226003) [email protected] Aimee G. Mackay (SBN 221690) [email protected] SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013-1010 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 Attorneys For Defendant C.V. CENTER, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BARBARA HUBBARD, ) ) Plaintiff, ) C.V. CENTER, INC., JAMBA JUICE ) COMPANY dba JAMBA JUICE #603; ) CASUAL DINING SERVICES, INC. ) dba PIZZERIA UNO; MERVYN'S LLC; STARBUCKS CORPORATION ) dba STARBUCKS COFFEE #6632; J.C. ) PENNEY COMPANY, INC. dba JCPENNEY #1274; SERLER, INC. dba ) SUBWAY #31595; MANA ) DEVELOPMENT GROUP, LLC dba ) PANERA BREAD, CAFÉ #4284 ) Defendants, ) ) ) ) Case No. 08-CV-471-JAH LSP Assigned to: The Honorable John A. Houston

JOINDER OF DEFENDANT C.V. CENTER, INC. TO MOTION TO DISMISS BY DEFENDANT CASUAL DINING SERVICES, INC. Date: Time: Room: Judge: June 9, 2008 2:30 pm 11 Hon. John A. Houston

JOINDER BY DEFENDANT C.V. CENTER, INC. TO MOTION TO DISMISS BY CASUAL DINING SERVICES, INC. 08CV471

Case 3:08-cv-00471-JAH-LSP

Document 26

Filed 05/23/2008

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TO THE CLERK OF COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant C.V. Center, Inc. ("C.V. Center") hereby joins in Defendant Casual Dining Services, Inc.'s ("Casual Dining") Motion to Dismiss, filed on May 9, 2008 and set for hearing on June 9, 2008 (Docket No. 17). C.V. Center, a defendant in this case and owner of the subject property, has standing to join Casual Dining's Motion to Dismiss because Plaintiff Barbara Hubbard ("Hubbard") asserts the same claims for relief, including those under California state law, against C.V. Center as she asserts against Casual Dining and the other defendants in this case. A defendant never waives its challenge on the grounds of subject matter jurisdiction, and may assert such a defense after filing its answer. Fed. R. Civ. Proc. 12(h)(3). C.V. Center agrees with the arguments set forth by Casual Dining in its Motion to Dismiss. Because Hubbard's California state law claims involve unsettled issues of state law, this Court should decline to exercise its supplemental jurisdiction over those claims under 28 U.S.C. § 1367(c). If the Court grants the Motion to Dismiss, and enters an order of dismissal on Plaintiff's state law claims, such order should also apply to C.V. Center and all other named defendants, as Hubbard asserts the same state law claims against all defendants. Dated: May 23, 2008 SIDLEY AUSTIN LLP

By: /s/ Aimee G. Mackay E-mail: [email protected] Attorney for Defendant C.V. CENTER, INC.

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JOINDER BY DEFENDANT C.V. CENTER, INC. TO MOTION TO DISMISS BY CASUAL DINING SERVICES, INC. 08CV471