Agnes Luk v. Costco Wholesale Corporation

I. BACKGROUND

The following contentions are taken from the parties’ filings. Luk alleges that she slipped and fell at a Costo location in Cypress, California on June 27, 2019. (Mtn. at 2.) As a result of the fall, Luk alleges she suffered a broken knee which required surgery and physical therapy. (Id.) Luk’s attorney filed a complaint in California state court on June 23, 2021 as an unlimited civil case, seeking general and compensatory damages. (Notice of Removal, Ex. B.) The complaint stated “Spilled food was on the floor and plaintiff walked on the spill and fell breaking her knee.” (Id.) The initial complaint did not list a specific amount of damages. (Id.) Costco received service of process on November 16, 2021. (Mtn. at 2.) Following the state court’s denial of Costco’s demurrer, Costco filed an answer to Luk’s complaint and sent discovery requests to Luk’s attorney on February 14, 2022. (Id.) After an initial delay, Luk’s attorney acknowledged receipt of Costco’s discovery and made a settlement offer on April 18, 2022. (Opp’n. at 3.) Costco rejected the initial CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 7 Case…