Daisy Thao Huynh v. Nordstrom, Inc.
Opinion
Trial Court Opinion
I. Background
This is a premises liability action, concerning Plaintiff Daisy Thao Huynh’s slip and fall in the premises of Defendant Nordstrom, Inc. (“Nordstrom”). Notice of Removal (“Notice”) (Dkt. 1), see also Complaint (Dkt. 1–1). Plaintiff alleges that Defendants negligently maintained a display case which fell onto Plaintiff as she walked past it. See Complaint at 4.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on October 16, 2022. On November 9, 2022, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1).
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 Case 8:22-cv-02046-DOC-JDE Document Filed 02/14/ Page 2 of Page ID #:206
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SA CV 22-02046-DOC-JDE Date: February 14, 2023 Page
from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought…