F. R. Jr. v. Sonesta International Hotels Corporation

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DESTINEE HARRISON et al., Case No. 2:23-cv-04867-SB-RAO

Plaintiffs,

v. ORDER DENYING MOTION TO

REMAND

SONESTA INTERNATIONAL

HOTELS CORPORATION et al.,

Defendants.

Plaintiffs Destinee Harrison and Frank Roldan, Sr. brought this tort action in the Los Angeles Superior Court after their infant son ingested amphetamine in a hotel room owned and operated by Defendant Sonesta International Hotels Corporation (Sonesta). Sonesta removed the case to federal court invoking diversity jurisdiction despite the fact that Defendant Zachari Mateev is a California citizen (i.e., a citizen of the forum state). According to Sonesta, the forum- defendant rule does not defeat jurisdiction under 28 U.S.C. § 1441(b)(2) because the forum defendant in this case had not been “properly joined and served” at the time of removal. Plaintiffs now move to remand the case to state court, arguing that so-called “snap removal” constitutes a form of “gamesmanship” that should be rejected because it produces “absurd” results that are contrary to Congress’s intent in enacting § 1441(b)(2). Dkt. No. 17. Because…