Ashley Manci v. The TJX Companies, Inc.
Opinion
Trial Court Opinion
I. Background
Plaintiff Ashley Manci sues Defendants The TJX Companies, Inc.; Marshalls of MA, Inc.; MCP One Westside LLC; and Does 1- for: (1) premises liability and (2) general negligence. See generally Complaint, Docket No. 1-1. Plaintiff alleges the following: Plaintiff was at the property located at 11270 W. Olympic Blvd., Los Angeles, CA (the “Property”) on February 13, 2019. Id. ¶¶ 8-9. Defendants owned, leased, occupied, maintained, and controlled the Property. Id. ¶ 15. The Property includes a “Marshalls” retail store. Id. ¶ 23. Defendants had an unmarked fixed window panel and/or an adjacent, transparent glass sidelight window on the Property. Id. ¶ 13. Defendants did not give adequate warning or protect against the potential harm from the window. Id. Plaintiff struck her head and face on the window. Id. ¶ 15. Plaintiff was injured when this occurred. Id. ¶¶ 17-19. Plaintiff brought suit in the County of Los Angeles Superior Court, and Defendants Marshalls of MA, Inc. (“Marshalls”) and The TJX Companies, Inc. (“TJX”) removed to this Court. See Notice of Removal, Docket No. 1. Plaintiff filed a motion to Remand. See Motion to Remand…