Susan Lea v. United States

I. INTRODUCTION

On December 15, 2023, Susan Lea (“Plaintiff”) filed a Complaint against United States Postal Service (“USPS”) employees Jazmin Martinez and Brian Gill in the Superior Court of the State of California for the County of Ventura. (ECF No. 1-1.) Plaintiff alleges breach of contract, common counts, fraud, and intentional tort. On June 6, 2023, Jazmin Martinez removed the action to this Court and substituted herself and Brian Gill for the United States of America (“Defendant”) pursuant to 28 U.S.C. § 2679(d)(2). (ECF Nos. 1, 6.) Presently before the Court are Plaintiff's Motion to Remand (ECF No. 13) and Defendant’s Motion to Dismiss (ECF No. 9). For the following reasons, the Court DENIES Plaintiff's Motion to Remand and GRANTS without prejudice Defendant’s Motion to Dismiss. Il. FACTUAL BACKGROUND The following facts are alleged in the Complaint unless otherwise stated: Plaintiff is an attorney that represented an individual named Luke Tooker (“Tooker”). On April 15, 2022, Tooker ordered roughly $600 worth of trading cards from an online retailer. These cards were taken to USPS to be shipped by priority mail with $50 of insurance and $11.75 of…