J.A.V., a minor v. PC Group Retail LLC

Good Law
United States District Court, Central District of CaliforniaOctober 4, 20248:24-cv-01637California3,358 words

Opinion

Trial Court Opinion

I. BACKGROUND

This case alleges personal injuries sustained by J.A.V. when his foot was caught in an escalator at Pacific City Shopping Center (“Pacific City”) located in Huntington Beach, California on July 5, 2023. (Mot. at 4.) On April 26, 2024, J.A.V. filed suit against DJM Capital Partners, Inc. (“DJM”) and “DOES through 50, inclusive” in Orange County Superior Court, alleging common carrier liability, negligence, and premises liability. (Id. Ex. A, at 2.) Subsequently, on May 30, 2024, J.A.V. filed a First Amended Complaint, leaving out DJM and substituting in PC Group, Schindler, and “DOES through 50, inclusive” as defendants, alleging common carrier liability/agency, negligence, and premises liability. (id. Ex. B, at 2.) On July 25, 2024, Schindler removed the case to federal court based on diversity jurisdiction and, on August 19, 2024, filed an answer to J.A.V.’s Complaint. (Id. at 3-4, 10.) PC Group joined the motion to remand and filed its own answer on August 1, 2024. (Id. at 10.) J.A.V. asserts that DJM and CREC Management Inc. (““CREC’’) were inadvertently omitted from the First Amended Complaint. (Id. at 15.) J.A.V. now seeks leave to amend his…

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