Notice to State Court of Removal to Federal Court
(CA)

Summary

This template may be used by a defendant in a civil action to notify a California state court and all adverse parties that the action has been removed from state court to federal court. This template includes practical guidance and drafting notes. "Promptly" after filing a notice of removal with the federal district court, the removing defendant must give written notice of the filing to all adverse parties and file a copy of the notice with the clerk of the state court where the action was pending. 28 U.S.C. § 1446(d). Thus, you should attach a copy of the notice of removal filed in the federal court to this notice. This notice, with the attachment, should then be served on each of the plaintiffs (and any co-defendants who may be considered "adverse" due to the filing of crossclaims) and filed in the California state court. Filing of the notice of removal with the state court "shall effect" the removal, and the state court may not proceed any further with the case unless and until the case is remanded. 28 U.S.C. § 1446(d). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For discussion of the grounds and procedures for removal to federal court, see Removing a Case to Federal Court (Federal). For a template notice of removal to be filed in the federal court, see Notice of Removal (Federal). For discussion of procedures for filing and serving papers in California state court, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA).