Ozim v. The California Endowment

Background

Daisy Ozim, proceeding without a lawyer, originally filed the case in California Superior Court. After that court sustained a demurrer to her first amended complaint and gave her a final opportunity to amend, Ozim filed a notice removing the case to federal court. She submitted proposed amended complaints asserting claims under 42 U.S.C. § 1983 and other federal statutes. The California Endowment moved to remand, meaning to return the case to state court, and requested costs and attorney’s fees.

Remand

The court held that Ozim had no right to remove the case. Under the removal statutes discussed in the opinion, only a defendant may remove a state-court case to federal court. The court also explained that federal-question jurisdiction and supplemental jurisdiction statutes do not themselves authorize removal, and that the other statutes Ozim cited did not apply to permit her removal. The court concluded that the case had been removed improperly and without federal jurisdiction and remanded it to the Superior Court for the County of Alameda.

Costs and Fees

The California Endowment requested costs and attorney’s fees incurred in seeking remand. The court found that the removal was not well-founded but declined to award costs or fees, noting that Ozim was representing herself and that removal and federal jurisdiction can be difficult even for experienced attorneys.

Disposition

The court remanded the action to the Superior Court of California for the County of Alameda under 28 U.S.C. § 1447(c) and declined to award costs and attorney’s fees. Judge James Donato issued the order.