Jeffrey Brian Shurtleff v. Home Depot U.S.A., Inc.
Opinion
Trial Court Opinion
I. Background
The following facts are drawn from Plaintiff Jeffrey Brian Shurtleff’s (“Plaintiff”) Complaint (“Compl.”) (Dkt. 1-Exhibit A). Plaintiff alleges that on or about April 11, 2024, he was severely injured when his ladder, while being used with due care, suddenly collapsed and broke beneath him. Compl. ¶ 4. The subject ladder was purchased from Defendant Home Depot U.S.A., Inc. (“Defendant Home Depot”) at 19101 Magnolia Street in the City of Huntington Beach, County of Orange, California. Id. The subject ladder was a product of and manufactured by Defendants, Werner Co., (“Defendant Werner”). Id.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on November 12, 2024. Notice of Removal (Dkt. 1)(“Notice”) at 1. On December 17, 2024, Defendant removed the action to this Court, asserting diversity jurisdiction. Id. at 1.
CIVIL MINUTES – GENERAL
Case No. 8:24-CV-02722-DOC-DFM Date: December 30, 2024 Page
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…