Fabian Arroyo v. Dodge Corporation
Opinion
Trial Court Opinion
I.
BACKGROUND
Plaintiff Fabian Arroyo filed this personal injury action against Defendant FCA US LLC on December 9, 2019 in Los Angeles County Superior Court. Complaint [Doc. # 1-2]. The Complaint did not specify a monetary damages amount, but alleged “severe personal injuries” which are “permanent and catastrophic.” See id. at ¶ 3, 33. On May 5, 2020, Defendant received responses from Plaintiff to its discovery requests, indicating that Plaintiff was suffering from ongoing neck, shoulder, back, and head injuries and had incurred at least $27,125.16 in medical expenses to date. Weinberg Decl., Ex. 1 at 12–18, 40 [Doc. # 11-2]. On May 27, Defendant’s counsel emailed Plaintiff’s counsel to ask if Plaintiff would be willing to stipulate that the alleged damages do not exceed $75,000. Id., Ex. 2 at 98. Plaintiff declined to stipulate, and Defendant followed up to confirm if Plaintiff believed the amount in controversy is greater than $75,000. Plaintiff responded, “That is correct.” Id., Ex. 3 at 100. Twenty-nine days later, Defendant removed the action to this Court on June 25, 2020. Notice of Removal (“NOR”) [Doc. # 1].