Case 2:22-cv-07350-MWF-MAR Document 11 Filed 11/08/22 Page 1 of 3 Page ID #:113

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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11 MARIO MERINO, CASE NO.: CV 22-7350 MWF (MARx)

12 Plaintiff,

ORDER GRANTING PARTIES’

13 v. STIPULATION TO CAP PLAINTIFF’S

JUDGMENT, AWARD, OR

14 LOWE’S HOME CENTERS, LLC, RECOVERY AND TO REMAND LOWE’S COMPANIES, INC., and 15 DOES 1 through 50, inclusive, Complaint Filed: June 17, 2022 16 Defendants.

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18 19 The Court, having read and considered the Parties’ Stipulation to Cap 20 Plaintiff’s Judgment, Award, or Recovery and to Remand, hereby ORDERS as 21 follows: 22 I. BACKGROUND 23 On or about June 17, 2022, Plaintiff MARIO MERINO (hereinafter 24 “Plaintiff”) commenced the above-entitled civil action in the Superior Court for the 25 County of Los Angeles by filing a Complaint therein entitled Mario Merino v. 26 Lowe’s Home Centers, LLC, et al., Case No. 22STCV19805. Plaintiff’s Complaint 27 for personal injury arises from an alleged incident on June 20, 2020, at defendant 28 Lowe’s Home Centers, LLC (“Defendant” or “Lowe’s”) store in Burbank, - 1 - [PROPOSED] ORDER ON STIPULATION TO CAP AND REMAND Case 2:22-cv-07350-MWF-MAR Document 11 Filed 11/08/22 Page 2 of 3 Page ID #:114

1 California. 2 On or about September 23, 2022, Plaintiff, by and through his counsel of 3 record, served a settlement demand letter Statement of Damages, setting forth 4 damages in excess of $75,000.00. Based on this, Lowe’s determined that the amount 5 in controversy exceeded the $75,000.00 statutory minimum. Accordingly, Lowe’s 6 removed the matter to federal court pursuant to 28 U.S.C. §§1332, 1441, and 1367, 7 on October 10, 2022. 8 The parties have now agreed and stipulated to limit any and all recovery of 9 damages by Plaintiff to a maximum of $75,000.00, exclusive of interest or costs, as 10 evidenced by the Stipulation to Cap Plaintiff’s Judgment, Award, or Recovery and 11 To Remand, executed by Plaintiff and Defendant by and through their attorneys of 12 record. Accordingly, the parties request an order from this Court remanding the case 13 to the Los Angeles County Superior Court, Case No. 22STCV19805. 14 II. ANALYSIS 15 United States Code, Title 28, Section 1447(c), provides that “[i]f at any time 16 before final judgment it appears that the district court lacks subject matter 17 jurisdiction, the case shall be remanded.” (Emphasis added). In light of the parties’ 18 stipulation limiting any and all recovery by Plaintiff to a maximum of $75,000.00, 19 exclusive of interest or costs, this Court lacks subject matter jurisdiction and must, 20 therefore, remand the case to state court pursuant to 28 U.S.C. § 1447(c). See Bruns 21 v. NCUA 122 F.3d 1251, 1257 (9th Cir. 1997) (“Section 1447(c) is mandatory, not 22 discretionary.”) 23 III. ORDER OF THE COURT 24 1. Plaintiff’s total recovery, if any, from Defendant Lowe’s Homes 25 Centers, LLC, and/or its agents, employees, parents, subsidiaries, or affiliated and 26 related business entities, for any injuries, damages, harms, or losses resulting from 27 the alleged incident that occurred on Defendant’s premises on or about June 20, 28 2020, and which are the subject of the within action (including formerly Los Angeles - 2 -

ORDER GRANTING STIPULATION TO CAP AND REMAND

Case □□□□□□□□□□□□□□□□□□□□□□ Document 11 Filed 11/08/22 Page3of3 Page ID#:115

1|| County Superior Court Case No.: 22STCV 19805) (the “Litigation), including but not 2|| limited to economic and non-economic damages, is hereby capped at $75,000.00, □ □□ exclusive of interests and costs. 4 2. If any judgment or award, entered in Plaintiff's favor and against 5|| Defendant Lowe’s, and/or its agents, employees, parents, subsidiaries, or affiliated and 6|| related business entities, in the Litigation should exceed $75,000.00, exclusive of 7|| interest and costs, Plaintiff has knowingly and voluntarily waived the right to claim 8 || that portion of his final judgment or award which exceeds $75,000.00, exclusive of 9|] interest and costs. 10 3. Should any judgment or award, exclusive of interest and costs, be entered 11|) in his favor and against Defendant Lowe’s, and/or its agents, employees, parents, 12 || subsidiaries, or affiliated and related business entities, in the Litigation in excess of 13 || $75,000.00, Plaintiff shall execute any necessary documents to reduce any such award 141) or judgment to $75,000.00, and is barred from executing on any amount of the award 15 |) or judgment in excess of $75,000.00, exclusive of interests and costs. 16 4. Pursuant to the parties’ Stipulation, because this matter no longer exceeds 17|| $75,000.00, this Court no longer has subject matter jurisdiction and the matter is 18 || hereby REMANDED to the Superior Court for the State of California, County of 19 |) Riverside, Case No.: 22STCV19805. All other terms of this Order shall be given full 20 || force and effect in any further state court proceeding. 21 5. All pending dates in the Federal action are hereby vacated. 22 IT IS SO ORDERED. 23 () (] YY +» 24|| Dated: November 8, 2022 A Kacy Yh HG 7 Ae 25 MICHAEL W. FIRZBERALD 6 United States District Judge 27 28

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ORDER GRANTING STIPULATION TO CAP AND REMAND