Esthela Ocampo Rosales v. Costco Wholesale Corporation
Opinion
trial_court Opinion
I. Background
This is a personal injury action. Plaintiff Esthela Ocampo Rosales (“Plaintiff”) slipped and fell on a slippery substance on the floor of a Costco store in San Juan Capistrano, CA on July 25, 2023. Complaint (“Compl.”) (Dkt. 1-1). Plaintiff alleges that there were no tapes, signs, cones, or other devices to warn customers of the slippery floor. Id. Plaintiff alleges causes of action for negligence, premises liability, and willful failure to warn against Defendants Costco Wholesale Corporation, and Does 1-50 (“Defendant”). Id.
Plaintiffs originally filed suit in the Superior Court of California, County of Orange, on July 10, 2025, and Defendant was served on August 13, 2025. Notice of Removal (“Not.”) (Dkt. 1). On September 10, 2025, Defendant removed the action to this Court, asserting diversity jurisdiction. Id.
CIVIL MINUTES – GENERAL
Case No. 8:25-cv-02046-DOC-KES Date: September 24, 2025 Page 2
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…