James Cochran v. Garfield Beach CVS, LLC

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

3/30/2020 Case No. 2:20-cv-01182-SVW-E Date

James Cochran v. Garfield Beach CVS, LLC Title

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: ORDER REMANDING THIS CASE TO STATE COURT FOR LACK OF

SUBJECT MATTER JURISDICTION [1]

Before the Court is a Notice of Removal filed by Defendant Garfield Beach CVS, LLC (“Garfield CVS”) on Feb. 5, 2020. Dkt. 1. The notice removes to federal court a state court lawsuit filed by James Cochran (“Plaintiff) on Oct. 23, 2019, which was served on Garfield CVS on Jan. 6, 2020. Dkt. 1-4. Plaintiff’s state court complaint against CVS asserts a single negligence claim against Garfield CVS, for improperly filling a prescription with Lamotrigine, rather than the Losartan prescribed to treat his hypertension. Dkt. 1-3. Garfield CVS’ Notice of Removal asserts that federal jurisdiction exists in this Court pursuant to 28 U.S.C. 1332(a)…