John Birke v. Lowe's Home Centers, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:20-cv-09242-SVW Date November 13, 2020 Title Birke v. Lowe’s Home Centers, LLC et al

Present: The Honorable STEPHEN V. WILSON, UNITED STATES DISTRICT JUDGE Teresa Jackson N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: IN CHAMBERS ORDER GRANTING PLAINTIFF’S MOTION TO

REMAND [12] AND DENYING AS MOOT DEFENDANTS’ MOTIONS

TO DISMISS [9], [10], [11].

Before the Court is Plaintiffs motion to remand and Defendants’ motions to dismiss. For the purposes of fraudulent joinder, a claim is valid if there is any possibility that state law might impose liability on a resident defendant under the circumstances alleged in the complaint or in a future amended complaint. See Revay v. Home Depot U.S.A., Inc., 2015 WL 1285287, at *3 (C.D. Cal. Mar. 19, 2015). The Court finds that there exists at least a possibility that state law imposes liability…