Benitez

INTRODUCTION

Plaintiff David Erik Benitez appeals an order of dismissal of his second amended complaint (SAC) against defendants Ross Leveme Williams (Ross) and Devon Williams (Devon). The SAC set forth a copyright infringement cause of action and various state law claims. The superior court ordered plaintiff to “remove” the suit to federal court and, when plaintiff did not do so, dismissed the SAC.

The court’s order of dismissal was based on two erroneous assumptions. The first was that Benitez could remove the case to federal court. Only a defendant, however, can file a notice of removal.

The superior court also assumed that plaintiff could not maintain concurrent state and federal actions arising out of the same facts and circumstances. Rather, the court concluded, plaintiff was required to litigate his entire lawsuit, including his state law claims, in federal court. This was error.

We conclude that the superior court’s 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. We further conclude, however, that the superior court’s dismissal of…