Crystal Ketchup v. Gruma Corporation
Opinion
Trial Court Opinion
I. BACKGROUND
On August 10, 2022, Plaintiff Crystal Ketchup (“Plaintiff” or “Ms. Ketchup”) filed a complaint against Defendant (erroneously sued as Mission Foods) in the Superior Court of California for the County of San Bernardino. (“Complaint,” Notice of Removal. Ex. A, Dkt. No. 1-2.) The Complaint appears to assert a single cause of action for race discrimination; no specific statute is specified. (See id.) According to Defendant, the summons and complaint have not been served on Gruma. (Notice of Removal ¶ 1.)
On February 10, 2023, Defendant removed to this Court. (Notice of Removal.) Defendant removed on the basis of diversity jurisdiction, asserting that Plaintiff is a citizen of California, it is a citizen of Nevada, and the amount in controversy exceeds $75,000. (Id. ¶¶ 9- 22.)
II. LEGAL STANDARD
Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy Clerk mg Case 5:23-cv-00213-JGB-SP Document Filed 02/16/ Page 2 of Page ID #:
Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal court where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Federal…