Singer Dam Vinh Hung’s legal team has filed a motion to remand with the U.S. Federal Court, requesting that his lawsuit against businessman Gerard Williams be returned to the California Superior Court in Orange County. The filing, submitted on September 4 (U.S. time), also seeks reimbursement of $14,994 (approx. VND 395 million) in attorney’s fees and related costs.
Why Dam Vinh Hung Wants the Case Sent Back
According to Hung’s lawyers, the removal request filed by Gerard Williams violated federal rules for two main reasons:
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Late filing – Williams submitted his notice more than 30 days after receiving the lawsuit and summons in November 2024, missing the statutory deadline.
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Forum Defendant Rule – This rule prevents removal if the defendant is a citizen of the state where the case was originally filed. Hung’s legal team argues Williams is a California resident but misrepresented himself as a Missouri resident to bypass the rule.
They also cited Williams’ past legal filings in which he declared California residency, contradicting his current claim.
Fee Reimbursement Request
Invoking Section 28 U.S.C. 1447(c), Hung’s side asked the court to order Williams to cover their legal expenses. They noted that despite repeated attempts to arrange a case conference with Williams’ attorneys throughout August and early September, none of the eight law firms representing Williams responded.
Strategic Moves
Hung’s team accused Williams of trying to delay proceedings by moving the case to federal court. They stressed that the lawsuit—originally filed in Orange County, California—should remain under state jurisdiction, where both parties had previously acknowledged residency.
Williams, however, has argued that Hung’s true residence is in Ho Chi Minh City, Vietnam, and that his own is in Missouri—reframing the case as an international dispute suitable for federal court.
The outcome of this jurisdictional battle will determine not only where the case is tried but also which rules and jury pool will govern the proceedings.
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Source: Vietnam Insider