Marcelle Lucero v. Nationwide Mutual Insurance Co.
Opinion
Trial Court Opinion
I. Background
This action concerns Plaintiff Marcelle Lucero’s (“Plaintiff”) prior employment with Defendant Nationwide Insurance Co. (“Defendant”). Defendant terminated Plaintiff’s employment on December 31, 2022. Notice of Removal ¶ (“Notice” or “Not.”).
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on March 8, 2023. On April 14, 2023, Defendant removed the action to this Court, asserting diversity jurisdiction. See generally Not.
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
CIVIL MINUTES – GENERAL
Case No. 8:23-CV-00670-DOC-ADSx Date: August 25, 2023 Page
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 State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441. This statute “is…