Aliana Marie Garcia v. Target Corporation

I. Background

Plaintiff Aliana Marie Garcia was shopping at a Target when she slipped and fell on water on the floor. Complaint (Dkt. 1-2) at 7. This fall, Plaintiff alleges, caused injury to her leg, hip, arm, buttocks, and head. See Ex. E (Dkt. 1-6).

Plaintiff sued in Orange County Superior Court for negligence and premises liability. Defendant then removed the case to this Court, asserting diversity jurisdiction. See generally 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 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

CIVIL MINUTES – GENERAL

Case No. 8:24-CV-00486-DOC-KESx Date: March 8, 2024

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the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441. This statute “is strictly…