Perpetual Removal Won’t Save You

Clipperjet Inc. v. Tyson, No. G055491 (D4d3 Aug. 7, 2019)

Generally, removing a case to federal court divests a state court of jurisdiction to do anything, especially to issue substantive orders. That’s true even when a case is ultimately remanded. But Defendant in this case had already removed the case once on a frivolous ground, only to be quickly remanded. A co-defendant removed again, on the same frivolous ground, only three days prior to a hearing on a motion to strike the complaint. Notwithstanding the second removal, the trial court denied the motion. Following a remand, Defendant never responded to the complaint. A default, and then a default judgment were entered. And then a motion for relief from default was later filed and denied.