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NOTRICA v. BOARD OF SUP'RS OF COUNTY OF SAN DIEGO

No. 89-55594.

925 F.2d 1211 (1991)

Leon NOTRICA, Plaintiff-Appellant, v. BOARD OF SUPERVISORS OF the COUNTY OF SAN DIEGO; State of California; Paul Eckert, Ind. and as a Member of the Board of Supervisors of the County of San Diego; Tom Hamilton; Paul W. Fordem; Patrick M. Boarman; Leon L. Williams, as Members of the Board of Supervisors of the County of San Diego; City Council of City of Vista, California; Vista Sanitation District; Michael R. Flick, Ind. and as a Member of the City Council of the City of Vista, and as a Director of the Vista Sanitation District; Nancy C. Wade, Mayor; Lloyd Von Hayden; Eddie L. McClellan, as Members of the city council of the City of Vista, California, and as Directors of the Vista Sanitation District; Lance Vollmer; Read C. Miller, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted October 9, 1990.

Decided February 20, 1991.

Attorney(s) appearing for the Case

Louis E. Goebel, Goebel & Shensa, San Diego, Cal., for plaintiff-appellant.

Lewis P. Zollinger, Deputy County Counsel, San Diego, Cal., for defendants-appellees, Bd. of Sup'rs of County of San Diego, Paul Eckert, Tom Hamilton, Paul W. Fordem, Patrick M. Boarman, Leon Williams, and Lance Vollmer.

Jeffrey R. Davis, Higgs, Fletcher & Mack, San Diego, Cal., for defendants-appellees, City Council of City of Vista, Vista Sanitation District, R. Michael Flick, Mayor Nancy Wade, Lloyd Von Haden, Eddie L. Neal, and Gloria McClellan.

William R. Nevitt, Jr., Wright & L'Estrange, San Diego, Cal., for defendant-appellee, Read C. Miller.

Before WALLACE, Chief Judge, POOLE, Circuit Judge, and EZRA, District Judge.

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...

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