Tarabishi

Tarabishi v. Hart

Good Law
United States District Court, Northern District of CaliforniaApril 18, 20235:23-cv-01231California578 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HOUDA TARABISHI, Case No. 23-cv-01231-SVK

Plaintiff,

ORDER TO SHOW CAUSE RE

v. SUBJECT MATTER JURISDICTION

CHRISTINA HART, Re: Dkt. No. 7 Defendant.

Pro se Plaintiff Houda Tarabishi filed this tort action on February 14, 2023 in the Santa Cruz County Superior Court. Dkt. 2-1. In removing the action to this Court on March 17, 2023, Defendant filed a certification pursuant to 28 U.S.C. § 2679(d) that Defendant Hart was acting within the course and scope of her employment at the time of the incident alleged in the Complaint. Dkt. 2. As a result of this certification, Plaintiff’s claim against Defendant Hart is deemed an action against the United States, which has been automatically substituted as Defendant. 28 U.S.C. § 2679(d)(2). Additionally, Plaintiff’s claim against the United States must be brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671, et seq. Id. Both Parties have…

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