Charles Dugan v. Home Depot U.S.A., Inc.
Opinion
Trial Court Opinion
I.
INTRODUCTION
On June 5, 2024, plaintiff Charles Dugan (“Plaintiff”) filed the operative Complaint asserting a negligence claim against defendant Home Depot (“Defendant”) and Does 1-10, in Superior Court of California, County of San Bernardino. ECF Docket No. (“Dkt.”) 1-1, Ex. A (“Compl.”). On July 8, 2024, Defendant removed the matter to this Court asserting diversity jurisdiction. Dkt. 1.
On August 2, 2024, Plaintiff filed a Motion for Leave to Amend Complaint and Request to Remand to state court (“Motion”). Dkt. 11. The Court finds this matter appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b); L.R. 7-15. For the reasons set forth below, Plaintiff’s Motion is GRANTED.
II.
BACKGROUND
A. RELEVANT FACTS
On April 28, 2024, Plaintiff was a customer inside the Home Depot located at 1401 E. 19th Street, Upland, California. Compl. at 1-2. While not entirely clear from the Complaint, it appears Plaintiff was injured by a cart while shopping inside the Home Depot. Id. Plaintiff alleges “as a direct and proximate result of negligence of the Defendants (including but not limited to improper and inadequate assistance rendered to customers, and…