Annias Wiggins v. Penske Logistics LLC
Opinion
Trial Court Opinion
I.
FACTUAL AND PROCEDURAL BACKGROUND
On June 26, 2019, Plaintiff filed a Complaint in San Bernardino County Superior Court against Defendants Brian Alexander Avila (“Avila”) and Aaron’s, Inc. asserting two claims for wrongful death and negligent infliction of emotional distress, and a survival action pursuant to California Code of Civil Procedure section 377.34. Not. of Removal, Ex. 1 (“Compl.”) [Doc. #1]. Plaintiff’s allegations stem from a 2017 incident where Plaintiff and her mother, Lorie Marie Gendron were struck by a semi-truck driven by Defendant Avila, in the course and scope of his employment with Defendant Aaron’s. Compl. at ¶¶ 14-19.
On November 21, 2019, Defendants Avila and Aaron’s removed the action to this Court asserting diversity jurisdiction pursuant to 28 U.S.C. sections 1332, 1441, 1446 and Federal Rule of Civil Procedure Rule 81(c). Not. of Removal [Doc. #1.] The Notice of Removal alleges that Plaintiff is a citizen of California, Aaron’s is a citizen of Georgia, Avila is a citizen of Arizona, and the amount in controversy exceeds $75,000. Id. at 2-3.
On July 24, 2020, Plaintiff filed the instant MTR, asserting that Avila is in fact a California…