Jean Esquibel v. Costco Wholesale Corporation

I. INTRODUCTION

On September 13, 2019, Jean Esquibel (“Plaintiff”) filed a complaint against Costco Wholesale Corporation, Inc. (“Costco”) and 50 Doe Defendants alleging common law claims for premises liability and negligence in Los Angeles Superior Court. These claims arise from injuries sustained in an accident at a Costco store. On January 10, 2020, Costco removed the action to this Court alleging jurisdiction based on diversity citizenship. On January 17, 2020, the Court remanded the action to state court for lack of subject matter jurisdiction because Defendant had failed to show that the amount in controversy exceeded $75,000. On April 17, 2020, Costco removed this case for the second time, again on the basis of diversity, with both parties now agreeing the amount in controversy exceeds $75,000. Presently before the Court is Plaintiff's Motion for Leave to File a First Amended Complaint and to Remand the action to state court. For the following reasons, the Court GRANTS Plaintiff's Motion.

II. FACTUAL BACKGROUND

Plaintiff alleges the following facts: On September 29, 2017, Plaintiff visited a Costco location at 2640 Lomita Blvd., Torrance, California…