David D'Amico v. Olive Garden
Opinion
trial_court Opinion
I. Background
When Plaintiff David D’Amico was walking around an Olive Garden restaurant, he was “struck by a hanging and/or loose extension cord. which allegedly caused Plaintiff to endure severe injury and pain. Second Amended Complaint (“SAC”) (Dkt. 24) at 4.
Plaintiff sued for negligence, willful failure to warn, and for maintaining a dangerous condition on their property in Orange County Superior Court. Id. at 7; Notice of Removal (“Not.”) (Dkt. 1) at 7. The Complaint names four defendants: Olive Garden, Newkoa LLC, Darden Concepts, and Piluntana Maneerod. Maneerod and Newkoa are both citizens of California. Plaintiff, too, is a citizen of California.
Defendant removed this lawsuit to federal court, asserting diversity jurisdiction. The Court disagrees.
CIVIL MINUTES – GENERAL
Case No. 8:23-CV-02440-DOC-JDEx Date: February 29, 2024
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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…