Patricia Lujan v. Festival Fun Parks, LLC

I. INTRODUCTION

On November 23, 2020, Patricia Lujan (“Plaintiff”) filed a complaint in Riverside County Superior Court against Festival Fun Parks, LLC (“Defendant”), asserting a personal injury claim arising from a slip and fall at Defendant’s miniature golf course. (See Compl., ECF No. 1-1.) Defendant subsequently removed the action to this Court based on diversity jurisdiction under 28 U.S.C. § 1332. (Notice of Removal, ECF No. 1.) Presently before the Court is Plaintiff's Motion to Remand this case. (ECF No. 24.) For the following reasons, the Court GRANTS Plaintiffs Motion. Il. JUDICIAL STANDARD A defendant may remove a case from state to federal court when the federal court would have had original jurisdiction. 28 U.S.C. § 1441(a). Under 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil action in which the parties are citizens of different states, and the action involves an amount in controversy that exceeds $75,000. The defendant removing the case to federal court bears the burden of establishing the jurisdictional facts. Abrego Abrego v. Dow Chem. Co., 443 F.3d 676, 682-83 (9th Cir. 2006). When a plaintiff contests a…