Phung Nguyet Lam v. Costco Wholesale Corporation

I. Background

While at a Costco, Plaintiff Phung Nguyet Lam (“Plaintiff”) allegedly slipped and fell on a “dirty, brownish, liquid-like substance” that was “on the floor.” Ex. A to Notice of Removal (“Compl.”) (Dkt. 1-2) at 8. As a result, “Plaintiff sustained serious injuries.” Id.

Plaintiff filed this lawsuit in Orange County Superior Court on October 9, 2023. Defendant Costco Wholesale Corp. (“Defendant” or “Costco”) removed the action to this Court on November 20, 2023. Notice of Removal (“Not.”) (Dkt. 1).

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-02176-DOC-DFMx Date: November 28, 2023

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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…