Leigh v. Wilson

Background

Michael Geary Wilson removed this case from the Superior Court of Marin County to the federal district court on June 29, 2020. He asserted that federal-question jurisdiction existed, in part because the case was related to other federal cases in which he had asserted constitutional rights. Wilson also asked the court to treat this case as related to those matters.

In an earlier order, Judge Chesney determined that the case was unrelated to the other federal actions. The federal court reviewed Wilson’s removal notice and supporting exhibits. The underlying state-court case had been filed by Mandy Gina Leigh on August 27, 2019, seeking a civil-harassment restraining order against Wilson under state law. The Marin County Superior Court issued a three-year restraining order on October 4, 2019, protecting Leigh, her husband and law partner, and their two children. The opinion also refers to a motion seeking to hold Wilson in contempt for violating the restraining order, with a hearing noticed for July 2020.

Court’s analysis

The court concluded that removal was improper because the record showed no basis for federal jurisdiction. The state-court action did not involve federal claims. Under the federal “well-pleaded complaint” rule, federal-question jurisdiction generally exists only when a federal question appears on the face of the properly pleaded complaint. The court rejected Wilson’s contention that the other federal actions made this case removable. Even if cases were related under the district’s local rules, each case would still need its own basis for federal jurisdiction.

Ruling

Judge Susan Illston remanded the case to the Superior Court for the County of Marin. The court denied all pending motions as moot. The opinion does not state that the remand or the motion denials were with or without prejudice.