5DCA Oral Argument - 2026/02/19 - Feb 19, 2026
argument5DCA Oral Argument - 2026/02/19
California Fifth District Court of Appeal
1h 52m
1 chapter
transcribed 9 days ago
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Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Oh, he's appearing, but I think by video.
That's on calendar this afternoon. Richard Crane versus Joseph Dolheit et al. F088525. Mr. Crane, would you state your appearance for the record?
Yes, this is Richard J. Crane.
Thank you, sir. And for
the
attorney general.
Thank you. Good afternoon, Your Honors. Casey Trang from the Office of the Attorney General on behalf of Defendant Lopez.
Thank you. Mr. Crane, you have requested 30 minutes for your opening argument and your closing argument. Do you want me to tell you when you have a certain amount of time left so that you can reserve it for your closing argument?
Sure, if you wouldn't mind.
All right, what I'll do is when we get to 20 minutes, I'll let you know so that you can stop and save 10 minutes for your reply. Does that sound all right?
Sure, fine. OK. I would try to communicate with the court.
All right. Go ahead, Mr. Crane, when you are ready, tell us what you want us to hear. OK.
Really respectfully, thank you so much for everything, and thank you so much for the Making this reversal in my case, it was incredible, you know. The main point that I was trying to raise in this case is the fact that when I amended the complaint, they had no jurisdiction to remove a state prisoner's case to federal court. That would be the starting point of where this case started from with Lopez.
All right. Anything else you wish to say, Mr. Crane?
Well, just that all the authorities say they have to have unanimous consent, and he's a state prisoner. He has no jurisdiction in federal court. And all the cases I've cited throughout the thing, throughout my briefs, and I still would like to request that they strike the oral arguments of the opposition, the respondent, because there's nothing to add. by their part because they never cited from the record F088161, which has to do with my case being rejected and not filed when I came back to state court. All
right. Anything
further? No, I just I would like to answer any questions.
There don't
appear to be.
I'm sorry.
Or any controversies about what I'm asserting, you know.
There don't appear to be any questions.
Okay. Thank you, sir. I'm sorry.
Should we hear from the Deputy Attorney General now?
Sure,
sure.
Okay. Thank you.
Go ahead, Mr. Trang.
Good afternoon, Your Honors, and may it please the court. The sole issue at bar for this court to determine today is whether or not the Superior Court's advisory order explaining the jurisdictional defect in Mr. Crane's multitude of filings was appealable. And the answer is no for two reasons. First, the state court does not have jurisdiction over this action given its removal to federal court. And second, an advisory order is not a final order that is appealable under state statute or the developed case law. Now, to the first issue. A voluntary dismissal of the federal action is not appealable where a state court does not have jurisdiction over the action. And the case Allstate Insurance Company v. Superior Court, as referenced in Respondent's Briefing,
is directly on point and instructional on this issue, where a matter is removed properly under 28 U.S.C. 1446 to the federal court. And the language of that statute states that it's well settled that at the point that a notice of removal is filed, the state court is immediately divested of jurisdiction over the action and shall proceed no further unless and until the case is remanded. And where, as here, the plaintiff voluntarily dismissed his case, there was no remand order from the federal court. And thus, jurisdiction remains divested from the state court. Now, as to the second issue, an advisory order is not a final order that is appealable under state statute or case law. And California only authorizes appeals from an appealable order or judgment, whether statutorily defined or as developed by the case law.
California Code of Civil Procedure 904.1 lists the type of orders and judgments that are appealable, and that does not encompass the order here. A respondent is unaware of, and Mr. Crane does not provide any case authorizing appellate review of what could be considered or what's been construed as an advisory order.
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