Teresa Rodriguez v. Michaels, Stores Inc.
Opinion
Trial Court Opinion
I. Background
This is a personal injury action. Plaintiff Teresa Rodriguez alleges that she was “browsing” at a Michaels Store in Huntington Beach, CA on March 14, 2023 when a shelf of merchandise fell onto her. Complaint (Dkt. 1, Ex. A). Plaintiff alleges causes of action for negligence and premises liability against Defendants Michaels, Stores, Inc., Jane Doe, and Does 1-50. Id.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on August 10, 2024. Notice of Removal (“Not.”) (Dkt. 1). On September 13, 2024, Defendants removed the action to this Court, asserting diversity jurisdiction. Id.
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-01983-DOC-DFM Date: October 17, 2024 Page
relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the…