Betty Sell v. Rebecca Cabral

Good Law
United States District Court, Central District of CaliforniaJune 30, 20205:20-cv-01008California2,618 words

Opinion

Trial Court Opinion

I. BACKGROUND

On March 12, 2020, Plaintiff filed a complaint in Riverside County Superior Court alleging violations of California law against Defendants Garfield Beach CVS, LLC (“Removing Defendant” or “CVS”) and Rebecca Cabral arising out of personal injuries allegedly sustained by Plaintiff during a March 16, 2018 visit to a CVS Pharmacy. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges three causes of action: (1) negligence pursuant to a premises liability theory; (2) a strict products liability theory; and (3) breach of implied and express warranties. (Id. at 7– 8.) On May 8, 2020 CVS removed the matter. (“Notice of Removal” or “NOR,” Dkt. No. 1.)

On June 6, 2020, Plaintiff filed the Motions. (See MTR; MFS.) In support of the Motions, Plaintiff filed the declaration of Matthew B. Roberts (“Roberts Declaration,” Dkt. No. 14) and six exhibits (“Exhibits 1–6,” Dkt. Nos. 14-1–6). On June 12, 2020, CVS opposed the Motions. (“Opposition,” Dkt. No. 17.) On June 19, 2020, Plaintiff replied. (“Reply,” Dkt. No. 18.)

II. LEGAL STANDARD

A. Remand and Fraudulent Joinder

Pursuant to 28 U.S.C. § 1441(a), a defendant has the right to remove a matter to federal court where…

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