Olive Betty De Maria v. Lowe's Companies, Inc.

Good Law
United States District Court, Central District of CaliforniaSeptember 11, 20238:23-cv-00956California517 words

Opinion

Trial Court Opinion

I. BACKGROUND

21 On November 14, 2022, Plaintiff OLIVE BETTY DE MARIA (“Plaintiff”) 22 commenced the above-entitled action in the Superior Court for the State of 23 California, County of Orange, by filing a Complaint therein entitled Olive Betty De 24 Maria v. Lowe’s Companies, Inc.; and Does 1 through 100, inclusive, Case No. 30- 25 2022-01291862-CU-PO-CJC. Plaintiff’s Complaint for personal injury arises from 26 an alleged incident on June 21, 2021, at a Lowe’s store located in the City of La 27 Habra, County of Orange, State of California. Defendant LOWE’S HOME 28 CENTERS, LLC (“Defendant”) removed the matter to federal court pursuant to 28 U.S.C. §§1332, 1441, and 1367, on June 1, 2023. Defendant has identified its store manager on duty at the time of this incident in its written discovery responses as Robert Dominguez. Plaintiff has advised its intent to file a motion for leave to amend to add the store manager on duty as a defendant and to remand to state court. The parties have met and conferred on this issue. The parties have now agreed and stipulated that with the addition of the Defendant’s store manager on duty, complete diversity…

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