California Court of Appeal

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Benitez v. Williams, B242512

Dismissal of plaintiff's complaint alleging a copyright infringement cause of action and various state law claims after the trial court ordered plaintiff to remove the case to federal court and he failed to do so, is: 1) affirmed in part, where the dismissal of plaintiff's copyright infringement cause of action was not a miscarriage of justice because the federal courts have exclusive jurisdiction over such claims; and 2) reversed in part, where the dismissal of plaintiff's state law causes of action was reversible error because the trial court had subject matter jurisdiction and the plaintiff had the right to pursue those claims in state court

Appellate Information

  • Decided 08/30/2013
  • Published 08/30/2013

Judges

  • KITCHING

Court

  • California Court of Appeal

Counsel