Jake Pehrson v. Home Depot U.S.A., Inc.
Opinion
trial_court Opinion
I. Background
This is a personal injury action. Plaintiff Jake Pehrson alleges that he was “browsing” at a Home Depot store in Santa Ana, CA on March 9, 2023 when a 50 pound bag of wet concrete mix fell from a display shelf and hit his spine causing serious bodily injuries. Complaint (Dkt. 1, Ex. A). Plaintiff alleges causes of action for negligence and premises liability against Defendant Home Depot U.S.A. Inc, and Does 1-50. Id.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on March 3, 2025 and Defendant Home Depot was served on March 19, 2025. Notice of Removal (“Not.”) (Dkt. 1). On April 18, 2025, Defendant 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
CIVIL MINUTES – GENERAL
Case No. 8:25-cv-00823-DOC-DFM Date: April 23, 2025 Page 2
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…