Nevine Fayek v. Costco Wholesale Corporation

I. BACKGROUND

This case involves an alleged slip and fall accident on July 22, 2020 at a Costco store located in Laguna Nigel, California. (Mtn. 2.) On May 26, 2022, Fayek filed suit against Costco and “DOE Store Manager” in Orange County Superior Court, alleging premises liability and negligence. (Id.) On August 31, 2022, Costco removed the case to federal district court based on diversity jurisdiction and, on September 7, 2022, filed an answer to Fayek’s complaint. (Id. 2-3.) Fayek asserts she recently learned that Connie Hoffman, a citizen of California, was the manager at the Costco store where the alleged CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 8 Case 8:22-cv-01621-JVS-ADS Document Filed 03/09/ Page 2 of Page ID #:229

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 8:22-cv-01621-JVS (ADSx) Date March 9, 2023 Title Nevine Fayek v. Costco Wholesale Corporation, et al incident took place. (Id. 3.) Fayek now seeks leave to amend her complaint to substitute Hoffman in place of DOE 1. (Id.) Because the addition of Hoffman would destroy diversity, Fayek…