Alapati v. City and County of San Francisco

Background

Aliitasi T. Alapati originally filed a complaint in San Francisco Superior Court against the City and County of San Francisco, “Nurse Goodai,” and Does 1 through 50. The complaint asserted ten causes of action concerning Alapati’s treatment as an inmate of the City’s jail.

The original summons identified the City and “Nurse Goodai.” Defense counsel later told Alapati’s counsel that the defense could not identify Nurse Goodai. After defense counsel identified the nurse as Giday Beshue, Alapati filed a First Amended Complaint naming Beshue and the City as defendants. Defense counsel accepted service for Beshue on May 3, 2021. Beshue removed the case to federal court on June 1, 2021, and the City consented to removal.

Alapati then moved to remand, meaning to return the case to state court.

Arguments

Alapati argued that Beshue’s removal was untimely because Beshue had been personally served on October 13, 2020, more than 30 days before removal. Beshue argued that he was served on May 3, 2021, so the June 1 removal was timely.

Court’s analysis

Federal law generally permits removal of a civil action that falls within a federal district court’s original jurisdiction. A defendant ordinarily must remove within 30 days after receiving the initial pleading or, if the case was not initially removable, within 30 days after receiving a later document showing that the case had become removable. When defendants are served at different times, a later-served defendant may remove, and an earlier-served defendant may consent.

The court concluded that Alapati had not shown that the October 2020 delivery of the summons and complaint to city clerk Andrea Brosnan was valid service on Beshue. Alapati did not provide evidence that Brosnan was Beshue’s agent or was authorized to accept service for him. The court also noted that the original complaint and summons did not identify Beshue and that the communications between counsel showed Alapati did not know the identity of “Nurse Goodai” until after defense counsel identified Beshue. The court found no evidence that Beshue had actual notice of the original complaint or appeared in court before the amended complaint was served.

The court therefore treated May 3, 2021, as the date Beshue was served. Beshue had until June 2, 2021, to remove the case, and the June 1 removal was timely. The court also recognized that the City could consent to removal as an earlier-served defendant.

Disposition

The court denied Alapati’s motion to remand. It also vacated the scheduled motion hearing under the local rule allowing disposition without oral argument. The order was signed by United States District Judge Susan Illston on August 17, 2021.