Barbara Vazquez Kunkel v. Bath and Body Works, LLC

Good Law
United States District Court, Central District of CaliforniaMay 10, 20228:22-cv-00298California1,279 words

Opinion

Trial Court Opinion

I. Background

The following facts are drawn from Plaintiff Barbara Vazquez Kunkel’s (“Plaintiff”) Complaint (“Compl.”) (Dkt. 1-1). Plaintiff alleges that she slipped on fallen bags and suffered injuries while shopping at Defendant Bath and Body Work, LLC’s (“Defendant”) store. See Compl. ¶¶ 5-6. Plaintiff attributes her injuries to Defendant’s negligence. See id. Plaintiff originally filed suit in the Orange County Superior Court on October 6, 2021. See generally Compl. On February 24, 2022, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1). Case 8:22-cv-00298-DOC-KES Document Filed 05/10/ Page 2 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. SA CV 22-00298-DOC-KES Date: May 10, 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…

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