Eryn Healy v. Costco Wholesale Corporation
Opinion
Trial Court Opinion
I. Background
This is a premises liability action, concerning Plaintiff Eryn Healy’s slip and fall in the premises of Defendant Costco Wholesale Corporation (“Costco”). Notice of Removal (“Notice”) (Dkt. 1), see also Complaint (“Compl.”) (Dkt. 1–2). Plaintiff alleges that Costco failed to ensure a bottle of champagne was securely fastened, which fell and subsequently exploded in Plaintiff’s face causing injury. See Complaint ¶¶ 21-31.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on May 2, 2023. Compl. On June 20, 2023, Plaintiff served responses to interrogatories including a statement of damanges. Notice ¶ 11, 13. On July 7, 2023, Defendant removed the action to this Court. Notice of Removal (Dkt. 1).
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-01272-DOC-DFM Date: July 21, 2023 Page
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 from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a…