Morton Green v. TA Operating LLC
Opinion
Trial Court Opinion
I. Background
This is a premises liability action, concerning Plaintiff Morton Green’s injury on the premises of Defendant TA Operating LLC. Notice of Removal (“Notice”) (Dkt. 1), see also Complaint, Notice of Removal Ex. 1 (“Compl.”). Plaintiff alleges that Defendant “negligently and carelessly owned, operated, maintained and controlled said premises in a dangerous, defective, hazardous and unsafe condition,” namely leaving grease on the ground which caused Plaintiff to slip and fall. Compl. ¶ 6-7.
Plaintiff originally filed suit in the Superior Court of California, County of San Bernardino, on May 8, 2023. Notice at 1. On September 26, 2023, Defendant removed the action to this Court. See generally Notice.
CIVIL MINUTES – GENERAL
Case No. 5:23-cv-01973-DOC-JC Date: October 6, 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 district…