Jose Jesus Guerrero Torres v. National Passenger Railroad Corporation

I. INTRODUCTION

18 On February 7, 2022, an Amtrack train struck and killed Genesis Guerrero- 19 Espinoza (“Decedent”) while she was walking along train tracks in Paso Robles, 20 California. Plaintiffs Jose Jesus Guerrero Torres (“Torres”), Decedent’s father, and 21 Maria Alejandra Espinoza Montenegro (“Montenegro”), Decedent’s mother, initially 22 filed a lawsuit in the California Superior Court alleging wrongful death and survival 23 action claims against defendant National Passenger Railroad Corporation d/b/a 24 Amtrak (“Amtrak”). (Compl., Notice of Removal (“NOR”), Ex. A, ECF No. 1-1.)

1 In their subsequent amended complaints, Plaintiffs also asserted claims against defendants Union Pacific Railroad Company (“Union Pacific”), 34th Street Homeowners Association, Inc. (“34th 27 Street”), and Town and Country Fencing, Inc. (“Town and Country”). (See generally Compl.; First Am. Compl., ECF No. 9; Second Am. Compl., ECF No. 45.) However, 34th Street and Town and Country have since been dismissed from the instant action and are no longer parties to this case. On February 12, 2023, Defendants removed the action to federal court. (NOR, ECF 2…