Synergy Project Management, Inc. v. City and County of San Francisco
- Jon Tigar
- 4:17-cv-06763
- U.S. District Court · Northern District of California
- 2
In Synergy Project Management v. City and County of San Francisco, Judge Tigar remanded Synergy’s remaining state claim to state court after federal claims were dismissed.
Synergy Project Management, Inc. and the defendants, including the City and County of San Francisco; the remaining state-law claim will proceed in San Francisco County Superior Court.
What happened
Synergy Project Management, Inc. sued the City and County of San Francisco and other defendants. The Ninth Circuit affirmed dismissal of Synergy’s federal claims without permission to amend, but sent back the state-law intentional interference claim for further action.
The Ninth Circuit said an intervening California decision might allow the City to be liable on that claim if Synergy alleged an independently wrongful act. Because no federal claims remained, it left this court to decide whether to address the issue or send the state claim to state court.
Judge Jon S. Tigar remanded Synergy’s state-law intentional interference claim to San Francisco County Superior Court. The order did not decide whether that claim succeeds.
The detailed version
- Synergy Project Management, Inc. v. City and County of San Francisco · No. 4:17-cv-06763
- Jon Tigar
- Aug. 4, 2021
Background
The Ninth Circuit had reviewed this court’s orders granting the defendants’ motions to dismiss, denying leave to amend, and entering final judgment. On June 7, 2021, the Ninth Circuit affirmed the dismissal of Synergy Project Management, Inc.’s federal claims without leave to amend, but vacated part of the earlier rulings concerning Synergy’s state-law intentional interference claim.
Issue on Remand
The Ninth Circuit recognized that an intervening California court decision indicated that the City and County of San Francisco could potentially be liable under a tortious-interference theory, but only if Synergy alleged an independently wrongful act by the City. The Ninth Circuit left this court the choice of addressing that issue or remanding the state-law claim to state court because no federal claims remained. Synergy’s requests for rehearing and rehearing by the full Ninth Circuit were denied, and the appellate mandate issued on July 28, 2021.
Ruling
Judge Jon S. Tigar remanded Synergy’s state-law intentional interference claim to San Francisco County Superior Court. The order did not resolve the merits of that claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.