Legal Question in Civil Litigation in California

Civil Case

Can a plaintiff file a case against someone in both state and federal court at the same time in california?


Asked on 5/20/09, 9:08 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Civil Case

Sure, if they are two different lawsuits not concerning the same subject matter.

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Answered on 5/20/09, 10:18 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Civil Case

Generally you may not have the same case in both venues. The theory is based on a case and is called 'Younger abstention doctrine', which basically states that federal courts will abstain from getting involved in matters that are pending in state courts. Presently I have that same situation and the federal court agreed to stay the action and wait till the outcome in our state court appeal. Your case will of course require an individual review.

Take care,

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Answered on 5/21/09, 3:14 am


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