I see a lot of cases in California removed to federal court and then a Rule rule 12 b 6 motion made. Since the 12 b 6 motion is essentially a demurred, why remove the case rather than simply file a Demurrer in California Court?
Not every case can be removed to federal court.
Comparing a FRCP Rule 12(b)(6) to a demurrer is an oversimplification.
A lost demurrer normally permits amendment to the complaint. A lost 12(b)(6) the case is over.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...
Few state law suits can in fact be removed from state to federal court. There may be differences in procedures that a defendant believes will advantage that defendant in the removal; or once removed make a move to another district court possible; there may be arguments of law that can be made more readily, it is thought.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline