Marathon Petroleum Company LP v. PI Stadium Corner LLC
Opinion
Trial Court Opinion
I. Background
This is an action for breach of contract, conversion, and unfair competition concerning Plaintiff Marathon Petroleum Company LP’s (“Plaintiff”) land use agreement with Defendants PI Stadium Corner LLC, Pacific Industrial, LLC and Stadium C-Store and Gas, LLC (collectively, “Defendants”). Notice of Removal (“Notice”) (Dkt. 1), see also Complaint, Notice of Removal Exhibit B (“Compl.”). Plaintiff alleges that Defendants, in various capacities, violated the terms of a 1965 Ground Lease. See Compl. ¶ 9-24.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on September 5, 2023. Notice at 2. On September 28, 2023, Defendant removed the action to this Court. See generally Notice.
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-01831-DOC-KES Date: October 4, 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 State court of which the…