State Trial Court Erred In Ordering Plaintiff To Remove An Action To Federal Court.

In a copyright infringement action, which also contained various state law claims, the trial court dismissed plaintiff’s complaint after plaintiff did not comply with the trial court’s order to remove the matter to federal court. In reversing the dismissal, the appellate court stated: “The court’s order of dismissal was based on two erroneous assumptions. The first was that [plaintiff] could remove the case to federal court. Only a defendant, however, can file a notice of removal. [¶] The superior court also assumed that plaintiff could not maintain concurrent state and federal actions arising out of the same facts and circumstances. Rather, the court concluded, plaintiff was required to litigate his entire lawsuit, including his state law claims, in federal court. This was error. [¶] We conclude that the superior court’s dismissal of plaintiff’s copyright infringement cause of action was not a miscarriage of justice because the federal courts have exclusive jurisdiction over such claims. We further conclude, however, that the superior court’s dismissal of plaintiff’s state law causes of action was reversible error because the court had subject matter jurisdiction and the plaintiff had the right to pursue those claims in state court.” Benitez v. Williams (Cal. App. Second Dist., Div. 3; August 30, 2013) 219 Cal.App.4th 270.