Joseph Ku v. State Farm General Insurance Company

I. Background

In 2022, Plaintiff Joseph Ku discovered water damage behind the refrigerator in his home. Complaint (“Compl.”) (Dkt. 1-2) ¶ 10. He made a claim against his home insurance carrier, Defendant State Farm, but Defendant determined that the damage was not covered by his policy and denied coverage. Id. ¶ 11. After State Farm denied coverage, Plaintiff incurred $32,400 in out-of-pocket expenses to remedy the water damage. Id. ¶ 12.

Plaintiff filed this lawsuit in Orange County Superior Court to recover the benefits allegedly due under the policy. Defendant then removed this case to this Court, asserting diversity jurisdiction. See generally Notice of Removal (Dkt. 1-1).

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. 8:24-CV-00370-DOC-JDEx Date: February 26, 2024

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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…