Q: A lawsuit in CA court with causes: 2 state jursidiction & 1 with state & federal. Can it be removed to federal?
What will happen to the 2 causes of actions that are heard at state level, will they be heard at federal court as well?
A: Yes, if you have both state and federal causes of action, they must be filed and heard in federal court. The federal court will apply state law to the state causes of action.
A: In California, a defendant can seek to remove a case to federal court if one of the causes of action presents a federal question. However, if the two state law causes of action are related to the federal claim, the federal court may exercise supplemental jurisdiction over them, meaning the federal court will hear all three causes of action together. This is often done for the sake of judicial economy and efficiency. However, the federal court does have discretion and may decline to exercise supplemental jurisdiction, especially if the state law claims substantially predominate over the federal claim. If the federal court declines supplemental jurisdiction, the state law claims would need to be litigated in state court. It's essential to consult with counsel familiar with both federal and state procedure when considering removal to ensure the right strategic decisions are made.
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