# Schmidt v. Oakland Unified School District

> Court of Appeals for the Ninth Circuit · November 5, 1981 · 662 F.2d 550

URL: https://www.frixlaw.com/law-library/cases/8914157

## Case

- **Full name:** Johann SCHMIDT and Leland Pollard, Individually and Doing Business as Schmidt & Pollard, a Partnership Jot Brown, Luz Brown, and Jot Brown, Inc., a California corporation v. OAKLAND UNIFIED SCHOOL DISTRICT, Oakland Board of Education, David Tucker, Jr., Melvin J. Caughell, Charles W. Goady, Barney E. Hilburn, Lorenzo N. Hoopes, Seymour M. Rose, and Peggy Stinnett
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** November 5, 1981
- **Citations:** 662 F.2d 550; 1 Educ. L. Rep. 72
- **Precedential status:** Published
- **Opinion:** Concurrence by Farris
- **Judges:** Farris, Fletcher
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Schmidt v. Oakland Unified School District, 457 U.S. 594 (1982).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8914157

## Opinion text

FARRIS, Circuit Judge,
concurring:
I concur except for that portion of part III(B) of the opinion which discusses the merits of the state claim. The Supreme Court in United Mine Workers of America v. Gibbs, 383 U.S. 715, 726 , 86 S.Ct. 1130, 1139 , 16 L.Ed.2d 218 (1966), held that the assertion of pendent jurisdiction is discretionary. Here the federal claim has been dismissed by summary judgment. We therefore properly decline to exercise pendent jurisdiction over the state claim. See Wren v. Sletten Constr. Co., 654 F.2d 529 , 536 (9th Cir. 1981); Hodge v. Mountain States Tel. & Tel. Co., 555 F.2d 254, 261 (9th Cir. 1977); Wham-O-Mfg. Co. v. Paradise Mfg. Co., 327 F.2d 748, 753 (9th Cir. 1964).
I would leave to the California state courts the task of applying Cal.Educ.Code § 39640 and determining the relevance of Associated General Contractors v. San Francisco Unified School District, 616 F.2d 1381 (9th Cir.), cert. denied, 449 U.S. 1061 , 101 S.Ct. 783 , 66 L.Ed.2d 603 (1980). I question the propriety of making pronouncements on state law issues and precedent after properly deciding not to address the state law claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8914157. Public record. Not legal advice.