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CA removes to federal court


reno1234
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Hi everybody. I filed in a Small Claims Court and CA filed a motion to remove to Federal Court. I contacted atty to write a motion to remand. I want to ask couple of questions as I don't want to just rely on atty without any clue as to what's going on with my lawsuit.

After they failed to validate (sent me letter asking for info from me) and continued with dunning letters, they sent me printout that says "compiled by CA from records available" I demanded removal from CRA's citing my state's (CA) Rosenthal Act and FCRA and FDCPA violations without listing which codes exactly they violated. I used wording " You have committed multiple Rosenthal Act and FCRA and FDCPA violations". I used the same in my Small Claims filing. Now, I read rules for remanding the case to State Court. It says that if I eliminate federal questions from my complaint, Federal Court has 3 options: 1. Deny remand. 2.Grant remand. 3 Dismiss the whole case. It's the 3rd one I'm worried about. Anybody has gone thru that or has some input? I read some case laws and it looks like it's a 50-50 chance, really depends on how well you plead in your complaint and judges mood.

I would like to keep it in Small Claims but if I don't get my case remanded back to State Court I will hire an atty to deal with them in federal. My case is IDENTICAL to Casas v Midland funding.

Thanks in advance.

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Your state law claims can be heard in federal court along with your federal claims. Summary judgment can be a real pain in federal court, but I've found that a federal judge plays by the rules. Good luck.

 

Thanks. I know that already. My goal is to keep it at State Court.

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http://creditboards.com/forums/index.php?showtopic=473273

 

 

 

http://creditboards.com/forums/index.php?showtopic=455423

 

 

 

I aslo suggest you get copies of all the pleadings on the casa case and follow the federal rules closely.

 

 

you may have to file an amended complaint. in federal court

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  • 3 weeks later...

I'd like to post an update. Small claims court denied the removal citing Gonzalez vs. Arrow Financial case. Basically they opened a door for me to sue for same violations under California Rosenthal Act and FDCPA. I spoke with attorney and she said she sees no reason why I can't fight them in small claims for Rosenthal Act and in federal court for FDCPA. Now, I read Rosenthal Act and it seems that it mirrors FDCPA, even code violations refer to FDCPA codes. Can anyone point me in the right direction? Midland failed to validate and kept collecting, also multiple FCRA violations about reporting. How do I cite Rosenthal Act violations?

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