Tracy Komurek v. Travelers Property Casualty Company of America
Opinion
Trial Court Opinion
I. Background
This action concerns Plaintiff Tracy Komurek’s allegations that she sustained injuries in a car accident and that Travelers Property Casualty Company and Law Offices of Beth M. Henderson unreasonably delayed payment of her claim (collectively “Defendants”). Notice of Removal Ex. 1, Complaint (Dkt. 1-1). Plaintiff raises allegations of breach of contract and conspiracy and breach of implied covenant of good faith and fair dealing. See id.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on October 23, 2024. Id. On October 23, 2024, Defendants removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (“Notice”) (Dkt. 1).
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
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-02326-DOC-ADS Date: November 22, 2024 Page
from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of the…