Nancy Davis v. Costco Wholesale Corporation
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff Nancy Davis’s (“Plaintiff”) Complaint (“Compl.”) (Dkt. 1-1). Plaintiff alleges that she slipped on an unknown substance and suffered injuries while purchasing groceries at Defendant’s store. See Compl. at 4. Plaintiff attributes her injuries to Defendant’s negligence. See id.
B. Procedural History Plaintiff originally filed suit in the Riverside Superior Court on January 13, 2021. See generally Compl. On October 19, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1).
CIVIL MINUTES – GENERAL
Case No. ED CV 21-01767-DOC-SP Date: January 3, 2022 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 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 United States have original jurisdiction, may be removed . . . to the district court of the United…