Ettlin v. Harris

2013 WL 6178986 (Nov. 22, 2013)

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Nature of the Case

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Facts

P was 'visiting' with one of the 'occupants' of Occupy Los Angeles. P 'carried a large three-foot by five-foot sign with his free speech message printed thereon.' P observed police dismantle the tents and place personal belongings into garbage bags. P was frightened, so he left. P encountered a police officer, who told him to move in the direction of a crowd. P believed that he would be arrested if he moved in that direction, so he went another way. At around 2 am, P finally got to his car and drove home. P sued in Los Angeles Superior Court for violations of his rights under federal and state law. P filed the present action in state court. Prior to removal, two of the defendants filed demurrers in state court. Four of the fourteen named defendants-removed the action to federal court. These four did not aver that any other defendants consented. As of November 20, 2013, no other defendant has consented to the removal. P now moves this Court to remand the action to state court because County Supervisors failed to comply with the rule of unanimity.