Patricia Lima v. Costco Wholesale Corporation
Opinion
Trial Court Opinion
I. INTRODUCTION
On June 18, 2020, Patricia Lima (“Plaintiff”) filed this action against Costco Wholesale Corporation (“Costco”) and DOES 1-50 in state court alleging negligence and willful failure to warn, Cal. Civ. Code § 846. These claims arise from injuries sustained in an accident at a Costco store. On July 28, 2020, Costco removed the case to federal court, but the case was remanded to state court because Costco had failed to show that the amount in controversy exceeded $75,000. Once Costco learned that Plaintiff's request for damages exceeded $75,000, it again removed the case to federal court on October 15, 2020. Plaintiff has now learned the identity of Costco’s manager at the time of her injury—Chantal Kupelian. Plaintiff wants to amend her Complaint to add Kupelian as a defendant. Since Kupelian is a citizen of California, like Plaintiff, there would not be complete diversity, and the case would (again) be remanded to state court. Presently before the Court is Plaintiff's Motion to Remand and Leave to File First Amended Complaint. For the following reasons, the Court GRANTS Plaintiff's Motion.