Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

On February 10, 2007, the Honorable Patricia M. Lucas gave a talk in San Francisco, CA on the court system as it related to employment laws. 

In California, because California laws are more employee friendly, an attorney representing an employee is likely to file a suit in state court versus federal.  The defendant may remove the case to federal court.  Once the removal notice is filed, the case automatically removes.  The plaintiff, in order to get the case back into state court, will file a motion to remand.  Usually the removal is based on diversity of citizenship.  The plaintiff does not usually rely on federal laws in the complaint.  A corporation’s citizenship is determined by the principal place of business and state of incorporation. 

In the end, even when a case has been decided in state court, the federal system may still come into play when the case involves a violation of a federal constitutional right.  After the case gets decided by the California Supreme Court, it may be reviewed by the US Supreme Court.