Benitez v. Williams

Opinion

KITCHING, J.

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…