Ashley Claar v. Centaur Holdings United States

I. BACKGROUND

A. Allegations in Complaint, Service, and Removal to Federal Court

On December 21, 2021, Plaintiffs Ashley Claar (“Claar”) and minor R.M. (collectively with Claar, “Plaintiffs”), through her guardian ad litem, Paul Moten, filed this action in the Superior Court of California, County of Riverside, arising from an incident that occurred at Defendant Festival Fun Parks LLC dba Castle Park’s (“Defendant”) premises on January 25, 2020. Electronic Case Filing Number (“ECF No.”) 1-1, Complaint at 8. The Complaint alleges causes of action for general negligence, premises liability, and negligent infliction of emotional distress by Plaintiffs against Defendant and potential Doe Defendants. Id. at 7-8. As to the premises liability claim, Plaintiffs allege that Defendant was negligent and willfully failed to warn or guard against a dangerous condition as to R.M. Id. at 8.

Specifically, as to the premises liability claim, Plaintiffs allege that with respect to R.M.:

While exiting a ride at Castle Park, located at 3500 Polk St., Riverside, CA 92505, the ride started without warning and pulled Plaintiff by her sweatshirt under the car of the ride. Plaintiff suffered…