Gail Rubio v. CVS Pharmacy, Inc.
Opinion
Trial Court Opinion
I.
INTRODUCTION
On June 12, 2024, plaintiff Gail Rubio (“Plaintiff”) filed a First Amended Complaint (“FAC”) against defendants CVS Pharmacy, Inc. and Garfield Beach CVS, LLC (collectively, “Defendants”) in San Bernardino County Superior Court, arising from allegations Plaintiff sustained injuries while shopping at Defendants’ store. ECF Docket No. (“Dkt.”) 1-2, Ex. A, FAC. On January 15, 2025, Defendants filed a Notice of Removal pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. Dkt. 1. On February 14, 2025, Plaintiff filed the instant Motion to Remand (“Motion”). Dkt. 14, Mot.
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, the Court DENIES Plaintiff’s Motion.
II.
BACKGROUND
On June 12, 2024, Plaintiff filed a FAC against Defendants raising a cause of action for negligence. FAC. The claim arises from allegations Plaintiff sustained injuries after “a large falling box” hit Plaintiff while shopping at Defendants’ store. FAC ¶ 7.
/// On October 10, 2024, Defendants were served with the summons and FAC. Mot. at 2. On November 12, 2024, Defendants filed an Answer to…