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Removal of CA civil case from Superior to Federal Court

Asked over 2 years ago - San Diego, CA

I'm the plaintiff in a civil case. Can I ask the judge in open court to remove the case to federal court? It's been over 30 days since service on defendant, so I can't file a motion to remove. Most of the causes of action are US law violations.
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Attorney answers (2)

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Litigation Lawyer in Los Angeles, CA.

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No. If you're the plaintiff, you can't remove your own action, even to defend against a counterclaim that's better off in federal court. Only the defendant can remove an action.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Peter Robert Stone

Reputation Level 15

Answered over 2 years ago. Personal Injury Lawyer in Sacramento, CA.

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You might consider, but do not do this without advice of counsel, dismissing the case and refile in Federal court. Of course you can only do that if you get a stipulation or the time on the Statute of Limitations has not run.

Again you need to consult with an attorney before taking any such action, but it is a possibility.

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