J.S. Held, LLC v. Malesardi

Background

J.S. Held, LLC, Richard Avelar & Associates, Inc., and Finkel Law Group RC. brought the action against Gloria Malesardi, I FIX THINGS LLC, and Does 1–10. The complaint was originally filed in the Superior Court of California, County of San Francisco, as Case No. CGC-25-624477.

On July 24, 2025, Malesardi filed a notice removing the case to the U.S. District Court for the Eastern District of New York. She stated that diversity jurisdiction existed and that removal was proper.

Court’s Analysis

The court relied on 28 U.S.C. § 1441(a), which permits a defendant to remove a state-court civil action to the federal district covering the place where the state action is pending. The court explained that an improper removal to the wrong federal district is a venue problem, not a defect in subject-matter jurisdiction. In other words, the federal court retained jurisdiction even though the case had been removed to an incorrect district.

Because the original case was filed in San Francisco County, the Northern District of California was the federal district that covered the location of the state-court action. The court therefore concluded that removal to the Eastern District of New York was improper and that transfer to the Northern District of California was the appropriate remedy.

Disposition

The court directed the Clerk of Court to transfer the action to the United States District Court for the Northern District of California. The order transferred the case; it did not dismiss the action, remand it to state court, or decide the underlying claims.