Erica Arroyo v. Yard House USA, Inc.

I. INTRODUCTION

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24 On July 29, 2023, Plaintiff Erica Arroyo, a California citizen, filed this action 25 against Defendant Yard House Irvine Spectrum in the Superior Court of California, 26 County of Orange, asserting claims for premises liability and negligence arising out of a 27 slip-and-fall incident at Defendant’s business. (See Dkt. 1-1 [Compl.] at 1–5.) Defendant 1 timely removed on October 11, 2023 based on diversity jurisdiction. (See Dkt. 1 [Notice 2 of Removal].) Now before the Court is Plaintiff’s motion to remand for lack of subject 3 matter jurisdiction and request for sanctions. (Dkt. 13.) “Defendant does not oppose 4 Plaintiff’s Motion for Remand … [and] proposed that parties enter into a stipulation for 5 remand, due to Defendant’s good-faith mistake.” (Dkt. 16 [Opp’n to Mot. to Remand, 6 hereinafter “Opp.”] at 1.) Defendant’s counsel explains that it removed on the belief that 7 Defendant Yard House Irvine Spectrum, LLC had completed a merger with Delaware 8 corporation Yard House USA, Inc. and that Defendant was therefore not a resident of 9 California. (See id. at 2.) After realizing that Defendant “was in queue for merger but 10 such…