Alapati v. City and County of San Francisco
- Susan Illston
- 3:20-cv-08058
- U.S. District Court · Northern District of California
- 2
In Alapati v. City and County of San Francisco, Judge Illston remanded the case because removal was late but denied costs and expenses.
Aliitasi T. Alapati’s action was returned to San Francisco Superior Court, and the City and County of San Francisco was not ordered to pay the requested costs and expenses.
What happened
Alapati v. City and County of San Francisco involved the plaintiff’s request to return the action from federal court to San Francisco Superior Court.
The City and County of San Francisco removed the case 34 days after receiving the summons and complaint. It agreed that removal was late and did not oppose sending the case back, but argued that costs and expenses should not be awarded because the mistake was inadvertent and not in bad faith.
Judge Susan Illston granted the motion for remand and returned the action to San Francisco Superior Court. She denied the request for costs and expenses and canceled the scheduled hearing.
The detailed version
- Alapati v. City and County of San Francisco · No. 3:20-cv-08058
- Susan Illston
- Jan. 13, 2021
Background
The City and County of San Francisco removed the action from San Francisco Superior Court on November 16, 2020. The defendant had been served with the summons and complaint on October 13, 2020. Aliitasi T. Alapati moved to remand, meaning to return the case to state court, and requested costs and expenses.
Analysis
The court stated that the removal notice was filed 34 days after service. The removal statute cited by the court requires a notice of removal to be filed within 30 days after the defendant receives the initial pleading. The City and County conceded that its notice was untimely and did not oppose remand. It argued, however, that an award of costs and expenses was unwarranted because the filing error was inadvertent and not made in bad faith. The court noted that an award of fees under the removal statute is discretionary.
Ruling
The court granted Alapati’s motion for remand and remanded the action to San Francisco Superior Court. It denied Alapati’s request for an award of costs and expenses. The court also resolved the matter without oral argument and vacated the scheduled January 22, 2021 hearing. The order addressed removal and costs; it did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.