Simin Bakian v. Starbucks Corporation
Opinion
Trial Court Opinion
I. Background
Plaintiff alleges that, while at Starbucks, “hot coffee spilled over her when [she] was handed the coffee.” Notice of Removal (“Notice” or “Not.”) (Dkt. 1) at 2. Plaintiff filed a lawsuit in State Court, seeking pain and suffering, property damages, loss of earning capacity, and costs. Id. Defendant Starbucks Corporation (“Starbucks”) removed this case to federal court, asserting that this Court has diversity jurisdiction.
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 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
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-02306-DOC-KESx Date: December 14, 2023
Page
pending.” 28 U.S.C. § 1441. This statute “is strictly construed against removal…